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STATE EX REL. BILLUPS v. CLAWGES

No. 32513.

620 S.E.2d 162 (2005)

218 W.Va. 22

STATE of West Virginia ex rel. Belinda Billups, as Guardian and Next Friend of Jacob Billups, an Infant, Belinda Billups, and Randy Billups, Individually, Petitioners, v. The Honorable Russell M. CLAWGES, Jr., Judge of the Circuit Court of Monongalia County, West Virginia; West Virginia University Hospital, Inc., a West Virginia Corporation, DBA West Virginia University Hospitals, DBA West Virginia University Children's Hospital; Raleigh General Hospital, a West Virginia Corporation, DBA Columbia Raleigh Hospital; Saraswathi Mohan, M.D.; and Petaiah Mohan, M.D., Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Marvin W. Masters, Charles M. Love, IV, The Masters Law Firm, LC, Charleston, for the Petitioners.

William F. Foster, II, The Foster Law Firm, PLLC, Charleston, for the Respondent, WVU Hospital, Inc.

Paul T. Farrell, Farrell, Farrell & Farrell, LC, Huntington, for the Respondent, Raleigh General Hospital.

D.C. Offutt, Jr., Perry W. Oxley, David E. Rich, L.R. Sammons, III, Offutt, Fisher & Nord, Huntington, for the Respondents, Saraswathi Mohan, M.D., and Petaiah Mohan, M.D.

PETITION FOR A WRIT OF PROHIBITION

ALBRIGHT, Chief Justice.

Plaintiffs below, Belinda Billups, individually and as guardian and best friend of Jacob Billups, and Randy Billups (hereinafter referred to collectively as "Petitioners"), seek a writ prohibiting the Circuit Court of Monongalia County from enforcing an order which would permit the defendants below to retain as an expert witness a doctor whom Petitioners previously had engaged in the same action...

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