HOUSTON – The judge hearing Arthur Andersen’s obstruction of justice case agreed yesterday to look at notes taken by lawyers for David Duncan, who is expected to be the prosecution’s star witness, before deciding whether Andersen’s defense lawyers should get them.

Andersen’s lawyers subpoenaed Mr. Duncan on May 1, seeking notes that would bolster their case that Mr. Duncan – who was the lead Andersen partner on the Enron Corp. account – never said he committed a crime by destroying Enron documents until he agreed to plead guilty to obstruction of justice. The notes could help them impeach Mr. Duncan.

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