AMERICAN TOBACCO CO. v. EVANS

Misc. No. 2341.

508 So.2d 1057 (1987)

The AMERICAN TOBACCO COMPANY v. The Honorable Gray EVANS and Ella Mae Howard Horton, and Nathan Randall Horton, Widow and Son of Nathan Henry Horton, Deceased, Individually and on Behalf of All Wrongful Death Beneficiaries of the Deceased.

Supreme Court of Mississippi.

Rehearing Denied May 20, 1987.


Attorney(s) appearing for the Case

James E. Upshaw, Upshaw, Williams, Biggers, Page & Kruger, Sanders & Sanders, Greenwood, Edmonson, Biggs & Jelliffe, Jackson, for appellant.

Jack F. Dunbar, Janet G. Arnold-Wilson, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, Don L. Davis, Byrd, Davis & Eisenberg, Austin, Tex., Calvin R. King, Durant, Don Barrett, Barrett, Barrett, Barrett & Patton, Lexington, Fredrick B. Clark, Greenwood, Edwin Lloyd Pittman, Atty. Gen. by Robert L. Gibbs, Asst. Atty. Gen. and Al Nuzzo, Sp. Asst. Atty. Gen., Jackson, for appellees.


ROBERTSON, Justice, for the Court:

ON PETITION FOR WRIT OF PROHIBITION

I.

This case presents a sensitive question of first impression in this state: the discoverability of a manufacturer's trade secrets and other confidential research development or commercial information. For the reasons articulated below, we hold that, in the context of the facts and circumstances of this case, such information is discoverable by a party opponent, subject to...

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