(Download) "Berst v. Chipman" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Berst v. Chipman
- Author : Supreme Court of Kansas
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This original mandamus action filed May 20, 1982, was heard by the court on May 21, 1982, and resulted in the announcement of our decision on May 27, 1982, by the filing of our abbreviated opinion in Berst v. Chipman, 231 Kan. 369, 653 P.2d 106 (1982). This formal opinion is supplemental thereto. The mandamus action was brought by petitioners David Berst, Dale Smith and the National Collegiate Athletic Association (NCAA), with office headquarters in Johnson County, Kansas, seeking to set aside the order of the District Court of Johnson County denying petitioners' motion for a protective order pursuant to K.S.A. 60-226(c). The precise issue presented is whether the petitioners have a legal interest in protecting information obtained in the course of confidential investigations from discovery in a libel action in the State of Alabama to which they are not parties. As related by the facts recited in the prior opinion, documents were sought to be discovered from the petitioners by the Birmingham Post Company in connection with its defense of a libel action filed in the Circuit Court of Madison County, Alabama. The plaintiff in that action, Edward E. Seal, principal of Butler High School in Huntsville, Alabama, alleged that the Birmingham Post Company and others published defamatory statements in an article in the Birmingham Post-Herald newspaper regarding investigations by the newspaper and the NCAA into the recruitment of a high school basketball player, Bobby Lee Hurt, by the University of Alabama. Subsequently Hurt filed a libel action against the Birmingham Post in connection with alleged defamatory statements appearing in the same newspaper. The petitioners are not parties to either of the foregoing actions.