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K-MART CORPORATION v. HELTON

No. 94-SC-795-MR.

894 S.W.2d 630 (1995)

K-MART CORPORATION; Joyce Wolfenbarger and Susan Brewer, Appellants, v. Hon. Farmer HELTON, Judge, Bell Circuit Court; and Sherry Norris and David Norris; Real Parties in Interest, Appellees.

Supreme Court of Kentucky.

Rehearing Denied April 20, 1995.

Attorney(s) appearing for the Case

N. Brian Combo, Michael J. Schmitt, Wells, Porter, Schmitt & Jones, Paintsville, for appellants.

Jeffrey W. Helton, Helton & Helton, Pineville, for appellees, real parties in interest.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which denied the appellants' petition for a writ of mandamus or prohibition. Appellants had sought a writ of prohibition or mandamus ordering the Bell Circuit Court to strike the deposition of Mike Pittman, loss prevention manager at the Middlesboro K-Mart and refusing to disqualify attorney Jeff Helton for violation of SCR 3.130, Rule 4.2, for taking the statement of a managerial employee...

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