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IN RE FAIRVIEW-UNIVERSITY MEDICAL CENTER

Nos. C3-98-1646, C5-98-1647.

590 N.W.2d 150 (1999)

In re the Matter of the Petition of FAIRVIEW-UNIVERSITY MEDICAL CENTER & North Memorial Health Care To Quash Subpoena of Administrative Law Judge and In re the Motion of Methodist Hospital To Quash Subpoena of Administrative Law Judge and In re Petition of the Complaint Review Committee, Minnesota Board of Medical Practices, for Order Enforcing Subpoenas and Other Relief and In re the Matter of the Petition of the Minnesota Board of Medical Practice to Enforce Subpoena Regarding Dr. L.

Court of Appeals of Minnesota.

March 16, 1999.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, Mary Ann Bernard, Assistant Attorney General, St. Paul, for appellant Minnesota Board of Medical Practice Complaint Review Committee.

David P. Bunde, Lora Esch Mitchell, Fredrikson & Byron, P.A., Minneapolis, for respondents Fairview-University Medical Center and North Memorial Health Care.

Margo S. Struthers, Kari L. Wraspir, Oppenheimer Wolff & Donnelly, LLP, Minneapolis, for respondent Methodist Hospital.

Rebecca Egge Moos, Charles E. Lundberg, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for respondents Healthpartners and Unity Hospital.

Kay Nord Hunt, Mary I. King, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for amici curiae Minnesota Medical Association, Minnesota Hospital and Health and Healthcare Partnership, and American Medical Association/State Medical Society Litigation Center.

Considered and decided by LANSING, Presiding Judge, SCHUMACHER, Judge, and WILLIS, Judge.

OPINION

SCHUMACHER, Judge.

The Complaint Review Committee, Minnesota Board of Medical Practices challenges the district court's determination that the statutory peer review privilege, Minn.Stat. § 145.64, protects all documents contained in peer review files from subpoena. We affirm.

FACTS

The Complaint Review Committee (the Committee) is the investigative arm of the Minnesota Board of Medical Practices (the Board), which regulates...

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