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SEABERG v. LOCKARD

Nos. 74592, 74594.

800 P.2d 230 (1990)

Edwin P. SEABERG, D.D.S., Petitioner, v. Tami J. LOCKARD and Dennis Lockard, Husband and Wife, and the Honorable Robert E. Caldwell, Judge of the District Court of Tulsa County, State of Oklahoma, Respondents, and Roger H. LINTHICUM, Personal Representative of the Estate of Barbara Linthicum, Deceased, Petitioner, v. DISTRICT COURT OF LeFLORE COUNTY, STATE OF OKLAHOMA, Respondent.

Supreme Court of Oklahoma.

As Corrected on Denial of Rehearing November 26, 1990.

Attorney(s) appearing for the Case

Mike Barkley, Jay B. White, Theresa G. Dreiling, Barkley, Rodolf, Silva, McCarthy & Rodolf, Tulsa, for petitioner Seaberg and respondent-hospital.

Steven R. Hickman, Frasier & Frasier, Tulsa, for respondent Lockard.

Michael T. Rooney, Merritt, Rooney, Collier & Rooney, Inc., Oklahoma City, for petitioner Linthicum.

Glen D. Huff, G. Scott Ray, Foliart, Huff, Ottaway, & Caldwell, Oklahoma City, for respondent-Physician.

MEMORANDUM OPINION

OPALA, Vice Chief Justice.

These causes are both quests for a prerogative writ. The court assumes original cognizance and consolidates them for disposition by a single opinion.

The dispositive issue presented is whether the waiver of a physician/patient privilege imposed upon certain plaintiffs by the provisions of 76 O.S.Supp. 1987 § 19(B)1 contemplates a district court's pretrial declaration...

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