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STATE EX REL. HOOVER v. SMITH

No. 23613.

482 S.E.2d 124 (1997)

198 W.Va. 507

STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D., Petitioner, v. Honorable Robert K. SMITH, Special Judge of the Circuit Court of Kanawha County, the West Virginia Board of Medicine, and Anne Werum Lambright, Respondents.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 13, 1997.

Decided As Modified February 13, 1997.

Attorney(s) appearing for the Case

Susan Yurko, Furbee, Amos, Webb & Critchfield, Fairmont, WV, for Petitioner.

Deborah Lewis Rodecker, Charleston, WV, for Respondent West Virginia Board of Medicine.

McHUGH, Justice:

The petitioner, Katherine Anne Hoover, M.D., seeks a writ of prohibition asserting that the Honorable Robert K. Smith, Special Judge of the Circuit Court of Kanawha County, exceeded his legitimate authority when he refused to issue a writ of prohibition against the West Virginia Board of Medicine's hearing examiner, Anne Werum Lambright. The petitioner maintains that the hearing examiner should be directed...

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