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STATE EX REL. STIVRINS v. FLOWERS

No. S-06-1044.

729 N.W.2d 311 (2007)

273 Neb. 336

STATE of Nebraska ex rel. Timothy J. STIVRINS, M.D., and Michael A. Pace, M.D., relators, v. Honorable Karen B. FLOWERS, Judge, District Court for Lancaster County, Nebraska, respondent, and Donald R. Winter, Personal Representative of the Estate of Charlotte Winter, intervenor.

Supreme Court of Nebraska.

April 6, 2007.

Attorney(s) appearing for the Case

Patrick G. Vipond, Kyle Wallor, and Molly C. Moran, of Lamson, Dugan & Murray, L.L.P., Omaha, for relators.

Jon Bruning, Attorney General, and Thomas E. Stine for respondent.

Sally A. Rasmussen, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., Lincoln, for intervenor.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

I. NATURE OF CASE

During the course of a discovery deposition, the plaintiff sought to question a witness about a conversation with his attorney. Counsel for the witness objected, and the plaintiff filed a motion to compel the witness to answer the deposition questions. The district court ordered disclosure of the conversation. The witness and the defendant filed in this court an original action seeking a writ of mandamus directing the district...

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