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KESSEL v. MONONGALIA COUNTY GENERAL HOSP.

Nos. 31547, 31548.

600 S.E.2d 321 (2004)

215 W.Va. 609

James W. KESSEL, M.D., Richard M. Vaglienti, M.D., and Stanford J. Huber, M.D., Plaintiffs v. MONONGALIA COUNTY GENERAL HOSPITAL COMPANY, DBA Monongalia General Hospital, a West Virginia Nonprofit Corporation; Mark Bennett, M.D., Individually; Bennett Anesthesia Consultants, PLLC; and Professional Anesthesia Services, Inc., Defendants.

Supreme Court of Appeals of West Virginia.

Decided May 19, 2004.

Attorney(s) appearing for the Case

Frank E. Simmerman, Jr., Esq., Simmerman Law Office, PLLC, Clarksburg, West Virginia, Attorney for Dr. Kessel.

C. Michael Bee, Esq., Susan B. Tucker, Esq., Hill, Peterson, Carper, Bee & Deitzler, PLLC, Charleston, West Virginia, Attorneys for Drs. Vaglienti and Huber.

Gordon H. Copland, Esq., Steptoe & Johnson, PLLC, Clarksburg, West Virginia, Attorney for Monongalia General Hospital.

Thomas A. Heywood, Esq., Bowles Rice McDavid Graff & Love, PLLC, Attorney for Amicus Curiae, West Virginia Hospital Association.

MAYNARD, Chief Justice:

We are called upon to answer a certified question from the Circuit Court of Monongalia County. In the exercise of our discretion, we reformulate the certified question as follows:1

May a public or quasi-public hospital enter into an exclusive contract with a medical service provider that has the effect of completely excluding physicians who have staff privileges...

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