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IN RE LUX

No. 06-01-00082-CV.

52 S.W.3d 369 (2001)

In re Christopher L. LUX, M.D. and Dennis O'Banion, M.D.

Court of Appeals of Texas, Texarkana.

Decided July 11, 2001.

Concurring Opinion July 20, 2001.

Attorney(s) appearing for the Case

Ken W. Good, Don W. Kent, Buchanan Kent, PC, Tyler, for relator Christopher Lux, M.D.

Jeffery C. Lewis, Victor Hlavinka, Atchley, Russell, Waldrop & Hlavinka, Texarkana, for relator Dennis O'Banion, M.D.

Dale D. Williams, Fadra L. Day, Williams, Squires & Wren, LLP, Waco, for real parties in interest Jerry Kirkpatrick, Ind. & as Administrator.

John B. Greer III, Patton, Haltrom, Roberts, Texarkana, for other parties, Hasmarck of TIS Inc.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

Opinion by Justice ROSS.

In this mandamus proceeding, Relators, Christopher Lux, M.D. and Dennis O'Banion, M.D., defendants in a medical malpractice suit, ask us to order the trial court to permit them to conduct discovery of privileged information from the plaintiffs, the real parties in interest, and their counsel. The discovery sought is alleged to be protected by the attorney-client and work product privileges and has to do with information concerning...

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