University of Utah Hospital v. Clerk of Minidoka County

BISTLINE, Justice,

specially concurring.

Only because I am not at all persuaded by the final paragraph of the opinion au*666thored by Justice Bakes does it become necessary to write. In all other respects I agree with his opinion. For reasons appearing, infra, we very easily, and better, could have left our 1987 opinion in place.

I

For certain I do not in the least agree that our first opinion of April 23, 1987, should be withdrawn. On a number of sessions I have pointed out that the practice of withdrawing opinions is not salutary in effect. To withdraw an opinion necessarily carries with it the…