PERFUSION SERVICES OF BAXTER HEALTHCARE CORP. v. FOSTER

No. 98-CA-0056.

711 So.2d 695 (1998)

PERFUSION SERVICES OF BAXTER HEALTHCARE CORPORATION and Mr. Paul Webb v. Honorable Murphy J. FOSTER, in his official capacity as Governor of Louisiana, et al.

Supreme Court of Louisiana.

May 19, 1998.


Attorney(s) appearing for the Case

Isabel Barback Wingerter, Richard Phillip Ieyoub, Attorney General, Bishop Johnson, Baton Rouge, for Applicant.

Richard Owen Kingrea, Adams & Reese, Brace B. Godfrey, Jr., Dewey Michael Scandurro, Baton Rouge, Laddie Lloyd Freeman, Houma, for Respondent.


VICTORY, Justice.*

This matter comes to us on direct appeal from a trial court's finding that La. R.S. 51:916(B)(1)(2)(3) is unconstitutional insofar as it prohibits receipt of compensation for the "use" of products or equipment used in the performance of clinical perfusion services and its granting of a preliminary injunction prohibiting the enforcement of the statute insofar as it prohibits the receipt of compensation for such use. In...

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