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RUSSELL HOSP. DIST. v. EPHRAIM McDOWELL

Nos. 2004-SC-0938-I, 2004-SC-0939-MR, 2004-SC-0984-OA.

152 S.W.3d 230 (2004)

RUSSELL COUNTY, KENTUCKY HOSPITAL DISTRICT HEALTH FACILITIES CORPORATION, Appellant/Movant, v. EPHRAIM McDOWELL HEALTH, INC.; and L. Clark Taylor, Jr., Appellees/Respondents. and Russell County, Kentucky Hospital District Health Facilities Corporation, Appellant, v. Ephraim McDowell Health, Inc.; L. Clark Taylor, Jr.; and Hon. Vernon Miniard, Jr., Judge, Russell Circuit Court, Appellees. and Russell County, Kentucky Hospital District Health Facilities Corporation, Petitioner, v. Ephraim McDowell Health, Inc.; and L. Clark Taylor, Jr., Respondents/Real Parties in Interest, and Honorable Sara Combs, Judge, Kentucky Court of Appeals, Respondent.

Supreme Court of Kentucky.

December 16, 2004.

Attorney(s) appearing for the Case

Robert L. Bertram, Bertram & Wilson, Joel Randolph Smith, Wilson & Smith, Jamestown, David Lewis Williams, Burkesville, Counsel for Appellant/Movant/Petitioner.

William P. Wiseman, Jr., Hiram Ely, III, Vickie Yates Brown, Melissa Norman Bork and Ann Toni Kereiakes, Greenebaum, Doll & McDonald, Louisville, Counsel for Appellees/Respondents, Ephraim McDowell Health, Inc.; and L. Clark Taylor, Jr.

Vernon Miniard, Jr., Monticello, Appellee, Vernon Miniard, Jr., Judge, Russell Circuit Court.

George E. Fowler, Jr., Court of Appeals, Frankfort, Counsel for Respondent, Hon. Sara Combs, Judge, Kentucky Court of Appeals.

OPINION AND ORDER

LAMBERT, Chief Justice.

I. INTRODUCTION

In a pending original action seeking a writ of prohibition, the Court of Appeals granted intermediate relief under CR 76.36(4) in the form of a temporary stay of a circuit court order. Subsequently, both an original action for a writ of prohibition against the enforcement of the temporary stay and an appeal of the temporary stay were filed in this Court. We are thus presented with the questions...

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