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OLINGER v. CURRY

No. 2-96-143-CV.

926 S.W.2d 832 (1996)

Dr. Sheff D. OLINGER, Relator, v. Hon. Ken CURRY, Judge, 153rd District Court, Tarrant County, Texas, Respondent.

Court of Appeals of Texas, Fort Worth.

August 5, 1996.

Attorney(s) appearing for the Case

Colaneri & Renwick, P.C., Malcolm G. Renwick, Arlington, for Relator.

Ken Curry, Judge, Fort Worth, for Respondent.

Noteboom Law Offices, Jay K. Gray, Hurst, for Deaver.

Vial, Hamilton, Koch & Knox, J. Mark Hansen, Dallas, for Hathcock.

Before CAYCE, C.J., and LIVINGSTON and HOLMAN, JJ.

OPINION

CAYCE, Chief Justice.

This original mandamus action involves a pretrial discovery request for the federal income tax returns of relator Dr. Sheff D. Olinger, an expert witness for the defense in the underlying suit for personal injury. The main question presented is whether the federal income tax returns of an expert witness in a lawsuit are discoverable before trial, where the expert's credibility has not been put in issue and where the tax returns...

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