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STATE EX REL. SLATTERY v. BURDITT

No. WD 51091.

909 S.W.2d 762 (1995)

STATE of Missouri ex rel., Jeffrey D. SLATTERY and J.B. Hunt Transport, Inc., Relators, v. The Honorable Larry M. BURDITT, Respondent.

Missouri Court of Appeals, Western District.

November 21, 1995.

Attorney(s) appearing for the Case

Jeffrey D. Slattery, Melody L. Nashan, Watson & Marshall, L.C., Kansas City, for relators.

Jeremiah W. (Jay) Nixon, Atty. Gen., John R. Munich, Randy E. Hayman, Asst. Attys. Gen., Jefferson City, for amicus State of Mo.

Timothy R. Cisar, Bridges, Cisar & Shelton, Lake Ozark, for respondent.

Before LOWENSTEIN, P.J., and HANNA and ELLIS, JJ.

LOWENSTEIN, Presiding Judge.

This action for prohibition under Rule 97 involves the attorney-client privilege and the work product exception in the context of an inspection, via discovery, of all the files of an attorney representing the employer in a workers' compensation claim. The claimant is being criminally prosecuted for fraud under § 287.128, RSMo 1994, and now seeks to discover the complete file of his employer...

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