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STATE EX REL. LETTS BY LETTS v. ZAKAIB

No. 21599.

433 S.E.2d 554 (1993)

189 W.Va. 616

STATE of West Virginia ex rel. John David LETTS, an Infant Under the Age of 18 Years Who Sues by His Parents and Next Friends, John B. LETTS and Elizabeth J. Letts; John B. Letts, individually; and Elizabeth J. Letts, individually, Plaintiffs Below, Petitioners, v. The Honorable Paul ZAKAIB, Judge of the Circuit Court of Kanawha County, West Virginia, Charleston Area Medical Center, Inc., a West Virginia Corporation, and Ellen Szego, M.D., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1993.

Attorney(s) appearing for the Case

Allan H. Masinter, Gerald R. Lacy, Charleston, for petitioners.

Suzanne Oxley, Cheryl A. Eifert, Jenkins, Fenstermaker, Krieger & Farrell, for respondents.

WORKMAN, Chief Justice:

Petitioners, the parents of infant John David Letts ("John David"), seek to prohibit enforcement of an order entered by the Circuit Court of Kanawha County which directs that John David submit to a magnetic resonance imaging ("MRI") diagnostic procedure. Because the record before this Court indicates that the circuit court did not require Respondents Charleston Area Medical Center, Inc. ("CAMC") and Dr. Szego to demonstrate good cause with...

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