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SCHROPP INDUSTRIES v. COUNTY ATTY'S OFFICE

No. S-10-361, S-10-831.

794 N.W.2d 685 (2011)

281 Neb. 152

SCHROPP INDUSTRIES, INC., doing business as PK Manufacturing Corp. and R & C Properties, a Nebraska L.L.C., appellee, v. WASHINGTON COUNTY ATTORNEY'S OFFICE, appellant. State of Nebraska ex rel. Washington County Attorney's Office, relator, v. Honorable Mary C. Gilbride, Judge, District Court for Washington County, Nebraska, and Schropp Industries, Inc., doing business as PK Manufacturing Corp. and R & C Properties, a Nebraska L.L.C., respondents.

Supreme Court of Nebraska.

February 25, 2011.

Attorney(s) appearing for the Case

Shurie R. Graeve , Washington County Attorney, and Edmond E. Talbott III for appellant-relator.

Michael F. Coyle , Paul M. Shotkoski , and Elizabeth A. Culhane , of Fraser Stryker, P.C., L.L.O., Omaha, for appellee-respondent Schropp Industries, Inc.

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

GERRARD, J.

In these consolidated cases, the Washington County Attorney's office challenges an order of the Washington County District Court entered in an ancillary discovery proceeding enforcing compliance with a subpoena issued on behalf of a Douglas County court. The county attorney claims that the documents sought by the subpoena are privileged and that the court erred in ordering their production. But the threshold question presented here is what procedure should...

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