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BERST v. CHIPMAN

No. 54,498

231 Kan. 369 (1982)

653 P.2d 106

DAVID BERST, DALE SMITH and THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Petitioners, v. HONORABLE MARION W. CHIPMAN, District Judge, Court Number 7, 10th Judicial District Court of Kansas, and BIRMINGHAM POST COMPANY, Respondents.

Supreme Court of Kansas.

Opinion filed May 27, 1982.

Attorney(s) appearing for the Case

James H. McLareny, of Swanson, Midgley, Gangwere, Clarke & Kitchin, of Kansas City, Missouri, argued the cause, and Daniel L. Sailler, of the same firm, and Robert P. Anderson and Edward M. Boyle, of Payne & Jones, of Olathe, were with him for the petitioners.

Lee Levine, of Baker & Hostetler, of Washington, D.C., argued the cause, and Elizabeth Moore, of the same firm, and Alan P. Blinzler and Peter A. Martin, of Blackwell, Sanders, Matheny, Weary & Lombardi, of Olathe, were with him for the respondents.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an original mandamus action wherein David Berst, Dale Smith and the National Collegiate Athletic Association (petitioners) seek an order directing the Honorable Marion W. Chipman, Judge of the District Court of Johnson County, to set aside his order which denied petitioners' motion for a protective order pursuant to K.S.A. 60-226(c) quashing subpoenas duces tecum served upon the petitioners...

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