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FRANKLIN v. MILNER

150 N.J. Super. 456 (1977)

375 A.2d 1244

DELORES FRANKLIN AND LINWOOD D. FRANKLIN, PLAINTIFFS-APPELLANTS, v. DR. EDWARD S. MILNER, JR. AND DR. PHILIP D'ARRIGO, P.A., JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Mr. Jeffrey A. April argued the cause for appellants (Messrs. Perskie and Callinan, attorneys).

Mr. G. Paul Crawshaw argued the cause for respondents (Messrs. Martin, Crawshaw & Mayfield, attorneys).

Messrs. Hannoch, Weisman, Stern & Besser filed a brief for amicus curiae Association of Trial Lawyers of America — New Jersey Branch (Mr. James J. Shrager, of counsel; Mr. Allan H. Ickowitz on the brief).

Before Judges HALPERN, ALLCORN and BOTTER.

The opinion of the court was delivered by BOTTER, J.A.D.

With leave of court (R. 2:2-4) plaintiffs appeal from an order compelling discovery of two letters,1 both dated December 15, 1975, written by Dr. Earl Kanter, plaintiff's prospective expert witness in this medical malpractice case. Plaintiffs contend that the letters are not discoverable because they express their expert's opinion on "hypothetical situations" and contain ...

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