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NATIONAL TANK CO. v. BROTHERTON

No. D-1576.

851 S.W.2d 193 (1993)

NATIONAL TANK COMPANY v. The Honorable Robert P. BROTHERTON, Judge.

Supreme Court of Texas.

April 7, 1993.

Attorney(s) appearing for the Case

Mike Spurgers, Wichita Falls, Jeffrey Parsons, Gerald J. Brown, Roger L. McCleary, Philip A. Lionberger, Houston, for relator.

E.L. Caraway, III, Fort Worth, Roy L. Stacy, Michael G. Lee, Dallas, Richard E. Ward, Carolyn Mitchell, Fort Worth, Craig A. Eggleston, Kenneth J. Lambert, Dallas, Roy T. Sparkman, Wichita Falls, Douglas L. Baker, Plano, Charles W. Oldham, Charles M. Barnard, Robert P. Brotherton, Wichita Falls, for respondent.

OPINION

PHILLIPS, Chief Justice.

In this original proceeding we must determine whether accident reports and witness statements prepared by Relator and its insurer following a plant explosion are privileged from discovery. We modify our decision in Flores v. Fourth Court of Appeals, 777 S.W.2d 38, 40-41 (Tex.1989), to hold that investigative documents are prepared in "anticipation of litigation" for purposes of Tex...

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