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STATE EX REL. CHARLESTON MED. CTR. v. ZAKAIB

No. 21821.

437 S.E.2d 759 (1993)

190 W.Va. 186

STATE of West Virginia ex rel. CHARLESTON AREA MEDICAL CENTER, A Corporation, Relator, v. Honorable Paul ZAKAIB, Jr., Judge of the Circuit Court of Kanawha County; Joshua Herb, An Infant Suing by His Next Friend and Mother, Vicki Herb; Vicki Herb; and Glen F. Herb, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 29, 1993.

Attorney(s) appearing for the Case

Richard D. Jones, Flaherty, Sensabaugh & Bonasso, Charleston, for relator.

W. Stuart Calwell, Mary McQuain, Calwell & McCormick, Charleston, for respondents Joshua Herb, an infant suing by his next friend and mother, Vicki Herb; Vicki Herb; and Glen F. Herb.

MILLER, Justice:

In this original proceeding in prohibition, the Charleston Area Medical Center (CAMC) seeks to prevent the enforcement of an order entered by the respondent judge on March 5, 1993. That order allowed the plaintiffs' attorneys, under certain restrictions, to interview on an ex parte basis present or former employees of CAMC with regard to their knowledge of the facts involved in a malpractice action...

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