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STATE EX REL. W.VA. DOH v. MADDEN

No. 22497.

453 S.E.2d 331 (1994)

192 W.Va. 497

STATE of West Virginia ex rel. the WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION, a West Virginia Governmental Entity, Petitioner, v. Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, and Patricia E. McLaughlin, an Incompetent, Who Sues By and Through Her Duly Appointed Committee, Cynthia J. Ward, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Daniel R. Schuda, Steptoe & Johnson, Charleston, for petitioner.

G. Charles Hughes, G. Charles Hughes, L.C., Moundsville, Robert P. Fitzsimmons, Fitzsimmons Law Offices, Joseph J. John, John & John, Wheeling, for respondent Patricia E. McLaughlin.

PER CURIAM:

In this prohibition proceeding, the petitioner, the West Virginia Department of Transportation, Highways Division ("DOH"), seeks to prohibit the respondent judge, the Honorable John T. Madden, Judge of the Circuit Court of Marshall County, from proceeding with the trial in the case styled Patricia E. McLaughlin, an incompetent, who sues by and through her duly appointed committee, Cynthia J. Ward v. the West Virginia Department of Transportation, Highways...

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