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STATE EX REL. MANTZ v. ZAKAIB

No. 31856.

609 S.E.2d 870 (2004)

216 W.Va. 609

STATE of West Virginia ex rel. Eric P. MANTZ, M.D., et al., Petitioners v. The Honorable Paul J. ZAKAIB, Jr., Judge of the Circuit Court of Kanawha County, West Virginia; St. Paul Fire and Marine Insurance Company, a Minnesota Corporation; Commercial Insurance Service, Inc., a West Virginia Corporation; Christopher P. Bastien, Gerald R. Lacy, and Susan K. Dirks, Special Masters, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2004.

Dissenting Opinion of Justice McGraw December 2, 2004.

Dissenting Opinion of Justice Starcher December 23, 2004.

Attorney(s) appearing for the Case

Richard Neely, Roger Hunter, Neely & Hunter, Charleston, and James A. Wilderotter, Robert H. Klonoff, Gregory A. Castanias, Peter F. Garvin, Jones Day, Washington, DC, for Petitioners.

Michael J. Farrell, Farrell, Farrell, & Farrell, Huntington and Neil J. Dilloff, Piper Rudnick, L.L.P., Baltimore, MD, for Respondent St. Paul Fire & Marine Insurance Co.

MAYNARD, Chief Justice:

This case is before this Court upon a petition for a writ of prohibition filed by Eric P. Mantz, M.D., S. Willis Trammel, M.D., and Todd A. Witsberger, M.D. (hereinafter "petitioners") against the respondents, the Honorable Paul Zakaib, Jr., Judge of the Circuit Court of Kanawha County, St. Paul Fire and Marine Insurance Company (hereinafter "St. Paul"), and Commercial Insurance Services, Inc. (hereinafter...

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