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STATE EX REL. OHL v. EGNOR

No. 24367.

500 S.E.2d 890 (1997)

201 W.Va. 777

STATE of West Virginia ex rel. Joan E. OHL, Secretary of the West Virginia Department of Health and Human Resources, Petitioner, v. Honorable L.D. EGNOR, Jr., Judge of the Circuit Court of Cabell County, and Bryant E.W., Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Charlene A. Baughan, Deputy Attorney General, Charleston, for Petitioner.

John M. Hedges, Byrne & Hedges, Morgantown, for Respondent, The Honorable L.D. Egnor, Jr.

Steven T. Cook, Stapleton Law Offices, Huntington, for Respondent, Bryant E.W.

Catherine D. Munster, Chairperson for Amicus Curiae, Child Placement Alternatives Corporation.

Robert E. Wilkinson, Chief Public Defender, Huntington, for Amici Curiae, Public Defenders of the 6th and 24th Judicial Circuits.

Jane Moran, Williamson, Amicus Curiae.

DAVIS, Justice:

In this original proceeding for a writ of prohibition, the petitioner, Joan E. Ohl, in her capacity as Secretary of the West Virginia Department of Health and Human Resources, requests this Court to prohibit the respondent, the Honorable L.D. Egnor, Jr., Judge of the Circuit Court of Cabell County, from taking any action to enforce his order of August 29, 1997, and his ruling of September 3, 1997. The challenged...

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