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STATE EX REL. WESTFIELD INS. CO. v. MADDEN

No. 31579.

602 S.E.2d 459 (2004)

216 W.Va. 16

STATE of West Virginia ex rel. Westfield Insurance Company, Petitioner, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, West Virginia; Richard Hornbeck and Robert Litman d/b/a Litman Excavating, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: February 27, 2004.

Attorney(s) appearing for the Case

Brent A. Kesner, Esq., Tanya M. Kesner, Esq., Ellen R. Archibald, Esq., Kesner, Kesner & Bramble, Charleston, for Petitioner.

Donald M. Kresen, Esq., Gold, Khourey & Turak, Moundsville, West Virginia, James W. Peters, Woodsfield, OH, for Respondent Hornbeck.

Jeffrey A. Grove, Esq., Paul T. Tucker, Esq., Bachmann, Hess, Bachmann & Garden, Wheeling, for Respondent Litman.

DAVIS, Justice.

This matter is here under the original jurisdiction of this Court. Westfield Insurance Company (hereinafter referred to as "Westfield"), petitioner/defendant below, seeks a writ of prohibition to prevent enforcement of an order from the Circuit Court of Marshall County. The circuit court's order required Westfield to produce allegedly privileged documents, as a discovery sanction, to Richard Hornbeck and Robert Litman, d/b/a Litman Excavating (hereinafter...

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