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BALLARD v. HERZKE

924 S.W.2d 652 (1996)

Elsie M. BALLARD, Col. Lewis P. Boone, Jr., USAF (Ret.), Otis N. Fussell, & Edgar Johnson, individually and on behalf of all others similarly situated, residents of Psalms, Inc., a Tennessee non-profit corporation, Plaintiffs-Appellants, v. Rudolf HERZKE, Charles S. Trammel, Jr., Retirement Communities of America-Tennessee, Inc., Psalms, Inc., and Retirement Communities of America, Inc., Defendants-Appellees.

Supreme Court of Tennessee, at Jackson.

June 10, 1996.

Attorney(s) appearing for the Case

C. Barry Ward, Paul R. Lawler, Glankler Brown, Memphis, for Plaintiffs.

William R. Willis, Alfred D. Knight, Alan D. Johnson, Willis & Knight, Nashville, for Intervenors, The Tennessean and The Society of Professional Journalists.

W.J. Michael Cody, John W. Chandler, Jr., Douglas F. Halijan, Burch, Porter, & Johnson, Memphis, for Defendant, Psalms, Inc.

Hal Gerber, Lewie R. Polk, III, Gerber Law Offices, Memphis, for Defendant, Rudolf Herzke.

J. Alan Hanover, James R. Newsom, III, Hanover, Walsh, Jalenak, & Blair, Memphis, for Defendant, Charles Trammell, Jr. and Retirement Communities of America-Tennessee, Inc.

OPINION

ANDERSON, Chief Justice.

In this appeal we are asked to determine whether the Chancery Court abused its discretion by modifying a protective order to allow access to discovery materials previously protected by the order and by allowing media intervention. The Court of Appeals reversed the Chancery Court, finding an abuse of discretion and reinstated the protective order which denied access to the discovery materials.

We conclude that the...

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