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RAE v. PENNSYLVANIA FUNERAL DIRECTORS

925 A.2d 197 (2007)

Robert RAE and Commonwealth Funeral Consultants, Inc. v. PENNSYLVANIA FUNERAL DIRECTORS ASSOCIATION, John W. Eirkson and James O. Pinkerton Appeal of Monty J. Batson, Esq., Shawn E. Smith, Esq. and Larry Hall.

Commonwealth Court of Pennsylvania.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Henry E. Hockeimer, Jr. and Brooke McDermott, Philadelphia, for appellants.

Barbara A. Zemlock, Harrisburg, for appellees, Robert Rae and Commonwealth Funeral Consultants, Inc.

BEFORE: SMITH-RIBNER, Judge, FRIEDMAN, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

Does the deliberative process privilege preclude the depositions of non-party administrative agency workers about an agency investigation? The proposed deponents, Monty J. Batson, Esq., Shawn E. Smith, Esq., and Larry Hall (collectively Appellants), pose this and other questions in their appeal from an order of the Dauphin County Court of Common Pleas (trial court) denying their motion to quash deposition subpoenas. The current issues arise...

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