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POWER v. KENDRICK

Record No. 921909.

439 S.E.2d 345 (1994)

Susan M. POWER v. The Honorable Benjamin N.A. KENDRICK, Chairman, etc., et al.

Supreme Court of Virginia.

January 7, 1994.

Attorney(s) appearing for the Case

Scott A. Mills (William F. Causey; James H. Falk, Sr.; James H. Falk, Jr.; John M. Falk; Jackson & Campbell, on brief), for appellant.

W. Mark Dunn, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen.; Gail Starling Marshall, Deputy Atty. Gen.; William H. Hauser, Sr. Asst. Atty. Gen., on brief), for appellee Benjamin N.A. Kendrick.

William D. Cremins; Walsh & Cremins, on brief, for appellee Arlington Hosp. Ass'n.

E. Duncan Getchell, Jr. (Joseph P. McMenamin; McGuire, Woods, Battle & Boothe, on brief), for appellees Arthur A. Rubin, M.D., Mary J. Major, M.D., Nina Selvagyi, M.D., and General Internal Medicine Group, P.C..

Gary A. Godard; Robbi Abrams Cook, on brief, in support of appellees, amicus curiae.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY, and KEENAN, JJ., and POFF, Senior Justice.

WHITING, Justice.

The dispositive issue here is whether the performance of the discretionary duties of a circuit court judge, acting as the chairman of a medical malpractice panel, can be enjoined. Since the bill of complaint was dismissed on demurrer, we will state as true the well-pleaded facts averred in the bill of complaint and in the exhibits attached thereto, and the fair inferences to be drawn therefrom. Fun v. Virginia Military Inst., 245 Va. 249,...

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