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Such communication may be protected by patient-doctor privilege and violate the judge's order sealing documents related to this case.
"We cleared it with our lawyers," he said, who said that any order sealing the documents would apply only to the parties to the lawsuit.
In a letter dated Dec. 6, Dr. Egilman informed Lilly's lawyers, as was required by the order sealing the documents, that he had been subpoenaed.
The judge will hear testimony today aimed at reversing his order sealing the Earnhardt photos issued four days after the racer's last-lap accident.
The parties in that case signed an agreement to keep the records confidential, but it does not appear that an order sealing them was ever sent to the clerk at State Supreme Court in Manhattan, and the records were placed in the public case file.
Judge Valerie Caproni agreed, and lifted the protective order sealing the code from public view.
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Mr. Rumsfeld contests the observation (widely made by military officers, journalists, other administration insiders and members of the Coalition Provisional Authority) that his preoccupation with executing the Iraq war with a light, fast force had crippling consequences for the military's ability to secure Iraq — to establish law and order, seal the country's borders and guard armament caches.
For all experiments, samples of animals were collected in a random order, sealed in airtight vials, and frozen.
The Nashville lawsuits were filed almost three years ago, but were first disclosed publicly last October by The New York Times and ABC's "20/20," which had jointly petitioned the Federal District Court there to lift the court orders sealing the files in both cases.
The article relied in part on documents submitted in the lawsuit, in Federal District Court in Boston, that were ordered sealed by the judge in the case, Douglas P. Woodlock.
The police reports are part of a trove of 120 files that the British authorities in 1967 ordered sealed for 100 years.
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