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EVIDENCE Granting a motion to compel discovery of communications between Duke Energy Corp. and the Utility Air Regulatory Group (UARG), a voluntary, nonprofit association of electric utility companies and trade associations, in an action under the Clean Air Act, a North Carolina federal court decided that the documents did not fall under the joint defense/common-interest rule because there was no agreement among all members of the UARG to share information as a result of a common interest relating to ongoing or contemplated litigation. U.S. v. Duke Energy Corp., No. 1:00CV1262 (M.D.N.C. April 11). FOR PLAINTIFF: Gill P. Beck, office of U.S. attorney, Greensboro, N.C.; Daniel C. Beckhard, Katherine E. Konschnik, Lois J. Schiffer, Robert A. Kaplan, Sonja Petersen, Jason Dunn, John C. Cruden and Deborah Behles, U.S. Department of Justice, Washington; Alan Dion, U.S. Environ- mental Protection Agency, office of regional counsel, Atlanta; James Blanding Holman IV, Chapel Hill, N.C.: Jeffrey M. Gleason, Charlottesville, Va. FOR DEFENSE: Daniel W. Fouts and Robert Harper Heckman, Adams Kleemeier Hagan Hannah & Fouts, Greensboro, N.C.; T. Thomas Cottingham III, Nash E. Long III, Wood W. Lay, Albert Diaz, Mark B. Bierbower, Henry V. Nickel, William F. Brownell and Makram Jaber, Hunton & Williams; Garry Stephen Rice Duke Energy Corp., Charlotte, N.C. JUDGE: Russell A. Eliason

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