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STATE EX REL. EAST END ASS'N v. McCOY

No. 23746.

481 S.E.2d 764 (1996)

198 W.Va. 458

STATE of West Virginia ex rel. EAST END ASSOCIATION, J. Michael Mollohan and Carter Zerbe, Petitioners v. Eli McCOY, Director of the Department of Environmental Protection; Gretchen Lewis, Secretary, Department of Health and Human Resources; and Charleston Area Medical Center, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1996.

Attorney(s) appearing for the Case

Joshua I. Barrett, Sean P. McGinley, DiTrapano & Jackson, Charleston, Patrick C. McGinley, Morgantown, for Petitioners.

William E. Adams, Jr., Charleston, for Respondent, Department of Environmental Protection.

Darrell V. McGraw, Jr., Attorney General, Charlene A. Vaughan, Senior Assistant Attorney General, Jeffrey K. Matherly, Charleston, for Respondent, Department of Health and Human Resources.

James R. Snyder, Barbara D. Little, Jackson & Kelly, Charleston, for Respondent, Charleston Area Medical Center, Inc.

McHUGH, Chief Justice:

Petitioners East End Association, an unincorporated association, J. Michael Mollohan and Carter Zerbe invoke this Court's1 original jurisdiction pursuant to W. Va.Code, 53-1-3 [1933], and request that a writ of mandamus be directed against respondents Eli McCoy, Director, Division of Environmental Protection (hereinafter collectively referred to as "DEP"), Gretchen...

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