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COY v. FLORIDA BIRTH-RELATED INJURY COMP. PLAN

No. 76565.

595 So.2d 943 (1992)

James F. COY, M.D., et al., Petitioners, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied April 22, 1992.

Attorney(s) appearing for the Case

Donna H. Stinson of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, West Palm Beach, and Kent Masterson Brown, Lexington, Ky., for petitioners.

Wilbur E. Brewton and J. Riley Davis of Taylor, Brion, Buker & Greene, Tallahassee, and Robert A. Butterworth, Atty. Gen. and George L. Waas, Asst. Atty. Gen., Tallahassee, for respondents.

Thomas J. Maida and Patricia H. Malono of McConnaughhay, Roland, Maida, Cherr & McCranie, P.A., Tallahassee, amicus curiae for Drs. J. Thomas Atkins, Max Sugar, John A. Tirpak and Marvin A. Perer.

William H. Adams, III and Robert J. Winicki of Mahoney, Adams & Criser, P.A., Jacksonville, and John E. Thrasher, Gen. Counsel of Florida Medical Ass'n, amicus curiae for Drs. James T. McGibony, Joseph Von Thron, Mark D. Ziffer and William Barfield.

PER CURIAM.

We have for review McGibony v. Florida Birth-Related Neurological Injury Compensation Plan, 564 So.2d 177 (Fla. 1st DCA 1990), which expressly declared section 766.314, Florida Statutes (1989), to be valid. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Several physicians practicing in areas other than obstetrics filed this action against the Florida Birth-Related Neurological Injury Compensation...

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