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STATE EX REL. ST. JOHN'S REGIONAL v. DALLY

No. 24771.

90 S.W.3d 209 (2002)

In the Matter of STATE of Missouri ex rel. ST. JOHN'S REGIONAL MEDICAL CENTER, Relator, v. The Honorable David C. DALLY, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied November 22, 2002.

Application for Transfer Denied December 24, 2002.

Attorney(s) appearing for the Case

Norman M. Krivosha, Robert M. Slovek, Kutak Rock LLP, Omaha, NE, Gretchen A. Long, Joplin, for relator.

Bruce A. Copeland, Copeland & Scott, Joplin, Mathew W. Placzek, Placzek & Francis, Springfield, for respondent.

Joanne E. Joiner, Gerald M. Sill, Jefferson City, amicus curiae in Support of Relator.

Before PREWITT, P.J., RAHMEYER, C.J., and MAUS, S.J.

PER CURIAM.

In an underlying breach of contract suit between St. John's Regional Medical Center ("St. John's") and Missouri Joplin Radiology, Inc. ("MJR"), the Honorable David C. Dally ("Respondent") ordered St. John's to "turn over" to MJR certain "peer review materials." Thereon, St. John's filed an original petition for prohibition in this court seeking to restrain Respondent from enforcing his order. St. John's contends that the requested materials are privileged...

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