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BENELL v. CITY OF VIRGINIA

No. 37,842.

258 Minn. 559 (1960)

104 N.W. (2d) 633

O.E. BENELL, M.D. v. CITY OF VIRGINIA.

Supreme Court of Minnesota.

August 5, 1960.

Attorney(s) appearing for the Case

Lewis, Hammer, Heaney, Weyl & Halverson, for appellant.

S.L. Cohen, City Attorney, and Hyman Edelman, Special Assistant City Attorney, for respondent.

THOMAS GALLAGHER, JUSTICE.

Action by plaintiff, Dr. O.E. Benell, for a declaratory judgment that a resolution adopted June 3, 1957, by the hospital commission of the Virginia Municipal Hospital, which is owned by defendant, city of Virginia, is invalid. The resolution is as follows:

"Any member of the active medical staff may be called in consultation by any other member of the hospital staff. The consultant will have access to all the hospital records...

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