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APPALACHIAN REG. HEALTH CARE v. JOHNSON

No. 92-SC-1049-MR.

862 S.W.2d 868 (1993)

APPALACHIAN REGIONAL HEALTH CARE, INC. and Harlan Appalachian Regional Hospital and Florias A. Morfesis, M.D., Appellants, v. Hon. Ron JOHNSON, Appellee, Sheila Potter, Real Party In Interest.

Supreme Court of Kentucky.

Rehearing Denied September 30, 1993.

Attorney(s) appearing for the Case

Donald K. Brown, Jr., Gerald R. Toner, O'Bryan, Brown & Toner, Louisville, for Appalachian Regional Health Care, Inc. and Harlan Appalachian Regional Hosp.

Joe L. Travis, Somerset, for Florias A. Morfesis, M.D.

Edgar A. Zingman, Susan Barnett Turner, Carole D. Christian, Wyatt, Tarrant & Combs, Louisville, for amicus curiae, Kentucky Hosp. Ass'n.

Joshua E. Santana, Brown, Bucalos, Santana & Bratt, P.S.C., Lexington, for Sheila Potter, Real Party In Interest.

SPAIN, Justice.

Appellants appeal as a matter of right from a Court of Appeals order denying a writ of prohibition under CR 76.36. The question for this Court is whether the Court of Appeals correctly denied appellants' Petition for a Writ of Prohibition even though KRS 311.377 specifically proscribes the discovery of Peer Review documents "in any civil action, in any court."

On January 4, 1991, the appellant, Florias Andrew Morfesis, M.D., removed Sheila...

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