State Ex Rel. Pack v. West Tennessee Distributing Co.

This case is before the Court, convened en banc under Rule 23 of the Revised Rules of the Court of Appeals, to resolve a conflict between sections of the Court, certified to exist by a majority of the Western Section. The point of conflict concerns the right of a condemnee to discover appraisals in possession of the State Highway Department pertaining to the value of land sought to be condemned for highway purposes and *308the right to examine expert witnesses on value and damages for discovery purposes.

The existence of a conflict having been judicially determined by the Western Section we are no…