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The state of New Carolina has rejected the Supreme Court's decision in Hickman v. Taylor. It does not allow parties to withhold attorney work product. An airplane accident happened involving Robert and Justina, and they both had to bail out. When they landed, the FAA investigated and interviewed four other pilots in the area who saw Robert hand churning ice cream with one hand and arm wrestling with another while flying the plane. It posted the results of the investigation on its website. Justina sued. Robert's lawyer interviewed the four pilots and concluded his client was likely negligent. During discovery, Justina sought the memo, saying that New Carolina does not withhold attorney work product from discovery. Robert responded that under Hickman, a federal court must withhold the material. The district court denied Justina access to the memo and she lost at trial. On appeal, she argues that the court erred in not granting her access to the memo. True or false, the appeals court will find that she should have had access to the memo?
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