Suburban Sew'n Sweep v. Swiss-Bernia

91 F.R.D. 254 (1981)

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Nature of the Case

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Facts

Ps sued Swiss -Bernia (D) and others for antitrust violations. Ps searched the dumpster in the parking lot of an office occupied by D and found all types of wonderfully useful and relevant documents during a two-year period. There were even handwritten drafts of confidential letters from D's president to a lawyer for the corporation. The documents had been put in the dumpster in the normal course of D's business. The dumpster was in the parking lot and accessible to the public at large. All parties to the litigation agreed that the letters were intended to remain confidential and would be privileged but for the fact that they were retrieved from the dumpster. P sought transcripts and other information relating to the letters and moved to compel D to answer. The magistrate refused to compel because he considered the tactics pursued by P to be improper. The District Court noted in its ruling that garbage is no longer protected by the Fourth Amendment.