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Wednesday, Aug. 17, 2005 12:55 a.m. EDT

Rush Limbaugh Wins Another Court Ruling

Rush Limbaugh's attorneys have won a last-minute court ruling that could imperil the investigation into his prescription drug use.

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A Palm Beach County, Fla., judge ruled Tuesday that prosecutors can't question any of Limbaugh's doctors without first notifying the top radio personality.

That would allow his lawyers to fight the subpoena issued to question the doctor and to raise privacy issues before a judge, the South Florida Sun-Sentinel reports.

Limbaugh's attorney, Roy Black, maintained in a court filing that state law bars anyone from questioning a doctor about a patient's medical condition without obtaining permission from the patient.

Black also said he should be able to be present at any questioning of Limbaugh's doctors to invoke Limbaugh's "doctor-patient privilege on a question-by-question basis."

Limbaugh has been under investigation for suspected "doctor shopping" – obtaining overlapping prescriptions from several physicians.

He waged an 18-month legal fight to keep prosecutors from reviewing his medical records, which were seized with search warrants in October 2003.

Attorney Black argued that prosecutors should have subpoenaed the records, giving Limbaugh an opportunity to contest the subpoena before a judge.

An appeals court ruled for prosecutors. Last month Palm Beach Circuit Court Judge Thomas Barkdull reviewed the sealed records and turned some of them over to prosecutors.

Those records reportedly showed that between March 2003 and September 2003, Limbaugh obtained 1,733 hydrocodone pills, 90 OxyContin pills, 50 Xanax tablets and 40 pills of time-release morphine.

But Limbaugh's attorney has argued that the overall pill counts exaggerate the usage and that Limbaugh's daily prescribed dosage over a long period for painkilling drugs matched what his doctors had prescribed and were within normal recommended dosages.

Limbaugh has admitted to becoming addicted to painkillers after back surgery several years ago. He has also undergone rehabilitation for his addiction.

According to the Sun-Sentinel, Tuesday was apparently the first time prosecutors tried to interview any of Limbaugh's doctors.

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