PROVIDENCE, R.I. (AP) — The Rhode Island judge hearing the 38 Studios litigation has ruled that a defendant who was inadvertently given a privileged document by Gov. Lincoln Chafee's office may not keep it.

The May 2012 memorandum, said to contain legal advice to Chafee, was mistakenly given to lawyers for Wells Fargo, a defendant in the lawsuit over the collapse of ex-Red Sox pitcher Curt Schilling's video game company.

Wells Fargo had argued it was entitled to the memo. Lawyers for the state's economic development agency said all copies of it should be deleted or destroyed, and the judge agreed.

The economic development agency's suit claims its board was misled into approving a $75 million loan guarantee for 38 Studios in 2010. The company went bankrupt.