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LANG v. WPPO

No. 23113.

688 N.W.2d 403 (2004)

2004 SD 107

David H. LANG, M.D., David W. Boyer, M.D., Bryan D. Den Hartog, M.D., Stephen G.J. Eckrich, M.D., Stuart E. Fromm, M.D., Timothy J. Gill, M.D., Mark Harlow, M.D., Lew W. Papendick, M.D., and Rand L. Schleusener, M.D., Petitioners and Appellees, v. WESTERN PROVIDERS PHYSICIAN ORGANIZATION, INC., Respondent and Appellant.

Supreme Court of South Dakota.

Decided September 29, 2004.

Attorney(s) appearing for the Case

Jennifer K. Trucano, Patrick G. Goetzinger of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for petitioners and appellees.

William F. Jones, Paul F. Lewis, R. Hunter Ellington of Moye, Giles, Denver, CO, Barton R. Banks of Banks, Johnson, Colbath, Sumner & Kappelman, Rapid City, for respondent and appellant.

MEIERHENRY, Justice.

[¶ 1.] This case is an appeal from an Order and Writ of Mandamus issued by the trial court. The petition for mandamus was brought against Western Provider's Physician Organization, Inc. (WPPO) by several physician members of the nonprofit corporation (Petitioners). Petitioners were granted a writ requiring WPPO to allow them full inspection of all documents, books, and records relating to the business concerns of the corporation. WPPO appeals...

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