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IN RE CONTINENTAL INS. CO.

No. 10-99-066-CV.

990 S.W.2d 941 (1999)

In re CONTINENTAL INSURANCE COMPANY, as Successor in Interest to Certain Policies Issued by Harbor Insurance Company.

Court of Appeals of Texas, Waco.

May 12, 1999.

Attorney(s) appearing for the Case

Charles Alfred Mackenzie, Haley & Davis, P.C., Waco, James W. Walker, Katherine A. Grossman & M. Jarrett Coleman, Cozen and O'Connor, P.C., Dallas, for Relator.

Roy L. Barrett & Keith C. Cameron, Naman, Howell, Smith & Lee, Waco, John H. Mathias, Jr., John D. Shugrue & Timothy W. Burns, Jenner & Block, Chicago, ILL, Ralph H. Duggins, Cantey & Hanger, L.L.P., Fort Worth, for Real Party in Interest.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

TOM GRAY, Justice.

At the hearing on a motion to compel discovery, no evidence was presented by either party. The parties only argued their respective positions. Who wins? Discovery will be ordered because the party resisting discovery has the burden to show the information sought is not discoverable.

OVERVIEW OF ISSUES

This is a civil discovery mandamus. Relator, Continental Insurance Company, sought discovery in the form of a...

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