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STATE EX REL. LEUNG v. SANDERS

No. 31319.

584 S.E.2d 203 (2003)

213 W.Va. 569

STATE of West Virginia ex rel. Albert LEUNG, M.D., Petitioner, v. Honorable David H. SANDERS, Judge of the Circuit Court of Berkeley County, and Christel Y. Schell, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2003.

Dissenting Opinion of Justice McGraw July 3, 2003.

Concurring and Dissenting Opinion of Justice Albright July 7, 2003.

Attorney(s) appearing for the Case

David Z. Myerberg, Esq., Charles J. Crooks, Esq., Jackson & Kelly, PLLC, Morgantown, for the Petitioner.

D. Michael Burke, Esq., Burke, Schultz, Harman & Jenkinson, Martinsburg, Barry J. Nace, Esq., Paulson & Nace, Washington, DC, for the Respondents.

PER CURIAM.

Albert Leung, M.D. (hereinafter "Dr. Leung"), seeks an original jurisdiction writ of prohibition to prevent the respondent Judge, the Honorable David H. Sanders, Judge of the Circuit Court of Berkeley County (hereinafter "the circuit court"), from enforcing an order denying Dr. Leung leave to file a third-party complaint in the underlying medical malpractice action. Having reviewed the petition for prohibition...

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