DANIELS v. ALLEN INDUSTRIES, INC

No. 2 December Term 1973, Docket No. 54,549.

391 Mich. 398 (1974)

216 N.W.2d 762

DANIELS v. ALLEN INDUSTRIES, INC

Supreme Court of Michigan.

Decided April 16, 1974.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone (by Charles L. Burleigh, Jr.), for plaintiffs.

Honigman, Miller, Schwartz & Cohn (by Robert A. Fineman), for defendant.


WILLIAMS, J.

This air pollution class action case raises three questions:

(1) Does the judicial "good cause" prerequisite for GCR 1963, 310 discovery require that the objects sought to be discovered be admissible in evidence?

(2) Is a trial judge within his discretion in requiring such admissibility as a predicate to allowing discovery?

(3) Do public policy considerations compel barring discovery of pollution control studies commissioned

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