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JAN-CARE AMBULANCE SVC. v. PSC OF W.VA.

No. 26005.

522 S.E.2d 912 (1999)

206 W.Va. 183

JAN-CARE AMBULANCE SERVICE, INC., and West Virginia EMS Coalition, Appellants, v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Interstate Medical Transport, Inc., and Sophia Volunteer Fire and Ambulance Service, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 15, 1999.

Attorney(s) appearing for the Case

John Philip Melick, Jackson & Kelly PLLC, Charleston, West Virginia, Attorney for the Appellants.

Richard M. Allen, Charleston, West Virginia, Attorney for Appellee, The Public Service Commission of West Virginia.

Thomas N. Hanna, Charleston, West Virginia, Attorney for Appellee, Interstate Medical Transport.

James D. Kauffelt, Kauffelt & Kauffelt, Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Medical Facilities Transport Providers Association.

Stephen D. Annand, Roberta F. Green, David J. Mincer, Shuman, Annand, Bailey, Wyant & Earles, Charleston, West Virginia, Attorneys for Amicus Curiae, Kanawha County Emergency Ambulance Authority.

David Schles, Phillip M. Stowers, Charleston, West Virginia, Attorneys for Amicus Curiae, West Virginia Emergency Medical Services Advisory Council, A State Agency.

Darrell V. McGraw, Jr., Attorney General, Stephen J. Small, Asst. Attorney General, Charleston, West Virginia, Attorneys for Amicus Curiae, West Virginia Department of Health and Human Resources.

DAVIS, Justice:

Appellants Jan-Care Ambulance Service, Inc. (hereinafter "Jan-Care") and the West Virginia EMS Coalition (hereinafter "the Coalition") appeal two orders of the Public Service Commission (hereinafter "the PSC"), which granted certificates of convenience and necessity, pursuant to W. Va.Code § 24A-2-5 (1980) (Repl.Vol.1999), authorizing Appellee Interstate Medical Transport, Inc., and Appellee Sophia Volunteer Fire and Ambulance Service, Inc, to...

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