Whether the Ninth Circuit Court of Appeals opinion overcomes the Federal Appellate Rules regarding the disposition of a case, and if so whether the principles of that opinion can be violated in dismissing a case by asserting that claims of violation of the attorney-client privilege are 'insubstantial'

QUESTION PRESENTED Whether the Ninth Circuit Court of Appeals opinion, United States v. Hooton, 693 F.2d 857, 1982, overcomes the Federal Appellate Rules regarding the disposition of a case, and if so whether the principles of that very opinion can be violated in dismissing a case by asserting that claims of violation of the attorney-client privilege are “insubstantial”.