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STATE v. HOGAN

No. 29A02-9010-CV-635.

588 N.E.2d 560 (1992)

STATE of Indiana and Indiana Department of Highways, Appellants-Defendants below, v. Francis J. HOGAN, Rebecca L. Hogan, Francis Hogan II, and Francis J. Hogan, Administrator of the Estate of Patrick J. Hogan, Deceased. Appellees-Plaintiffs below.

Court of Appeals of Indiana, Third District.

Transfer Denied June 22, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., G. Richard Potter, Indianapolis, for appellants-defendants.

Richard S. Ewing, William J. Hamilton, William N. Ivers, Stewart & Irwin, Indianapolis, for appellees-plaintiffs.

STATON, Judge.

The State of Indiana and the Indiana Department of Highways ("State") appeal an order compelling the production of documents in a wrongful death action. Pursuant to Ind. Appellate Rule 4(B)(6), we accept the interlocutory appeal to address the issue of whether the trial court erroneously ordered the Indiana Attorney General to produce privileged documents.

We remand for an evidentiary hearing on the State's motion for a protective order.

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