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W.VA. RADIOLOGIC TECHNOLOGY BD. v. DARBY

No. 21214.

427 S.E.2d 486 (1993)

189 W.Va. 52

WEST VIRGINIA RADIOLOGIC TECHNOLOGY BOARD OF EXAMINERS, Plaintiff Below, Appellant, v. H. Darrel DARBY, D.P.M., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Mario J. Palumbo, Atty. Gen., Kelli D. Talbott, Sr. Asst. Atty. Gen., Charleston, for appellant.

Richard J. Bolen, Scott K. Sheets, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for appellee.

MILLER, Justice:

The West Virginia Radiologic Technology Board of Examiners (Board) appeals a final order of the Circuit Court of Cabell County, dated November 27, 1991, dismissing its petition for injunction against H. Darrel Darby, a licensed doctor of podiatric medicine. The Board sought to enjoin Dr. Darby from using unlicensed members of his staff as radiologic technologists.1 The circuit court ruled that it was not a violation of...

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