SUBURBAN SEW'N SWEEP V. SWISS-BERNIA
91 F.R.D. 254 (1981)
NATURE OF THE CASE: This was a dispute over attorney client communications retrieved from
a dumpster. Suburban (P) filed an action against Swiss (D) alleging that they engaged in
unlawful price discrimination and conspired to restrain trade. A magistrate judge ordered
that all documents obtained by P by rummaging through D's garbage dumpster be returned to
D's counsel and not be used in the litigation. P filed objections to that order with the
court.
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 hand written 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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