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STATE BY & THROUGH DEPT. OF TRANSP. v. GRUDNIK

No. 11795.

243 N.W.2d 796 (1976)

The STATE of South Dakota, acting By and Through the DEPARTMENT OF TRANSPORTATION and the Board of Transportation for the Division of Highways, Plaintiff and Appellant, v. Henry GRUDNIK and Betty C. Grudnik, Defendants, and Franchise Realty Company, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Granted July 29, 1976.

Order Sustaining Opinion on Rehearing September 7, 1976.

Attorney(s) appearing for the Case

Carl W. Quist, Camron Hoseck, Asst. Attys. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and respondent, Franchise Realty Co.

ANDERST, Circuit Judge.

This is an intermediate appeal from an order of the circuit court. It involves an interpretation of the South Dakota Rules of Civil Procedure concerning the taking of a pretrial discovery deposition of the opponent's expert witness and requiring him to produce designated books, papers, documents, or tangible things which are in his possession, custody or control.

Plaintiff, State of South Dakota, brought a condemnation proceeding for...

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