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updated 1/23/2004 9:45:04 AM ET 2004-01-23T14:45:04

An appeals court Tuesday ordered prosecutors to turn Rush Limbaugh’s medical records over to the courts and keep them sealed, pending further review of the case.

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The Palm Beach State Attorney’s Office, which seized the records in November, must surrender them to the circuit court in West Palm Beach, said the 4th District Court of Appeal.

The appeals court also ruled that the American Civil Liberties Union can join the conservative radio commentator in fighting to keep the records private.

The ACLU, an unlikely ally, joined the case Monday, supporting the claim that Limbaugh’s constitutional right to privacy has been violated.

State Attorney Barry Krischer has repeatedly insisted Limbaugh’s rights have been protected. A spokesman, Mike Edmondson, said Tuesday that investigators have followed state laws since prosecutors began their investigation last year, after Limbaugh’s former maid told them she had been supplying Limbaugh with prescription painkillers.

Investigators seized the records after learning Limbaugh received more than 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion

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