FAMILY MEDICAL IMAGING v. HEALTH CARE

No. 32565.

624 S.E.2d 493 (2005)

218 W.Va. 146

FAMILY MEDICAL IMAGING, LLC; Gary L. Poling, D.O.; and Scott C. Lostetter, D.O., Plaintiffs Below, Appellants, v. WEST VIRGINIA HEALTH CARE AUTHORITY, Defendant Below, Appellee. Raleigh General Hospital, Intervener.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Dissenting Opinion of Justice Starcher December 15, 2005.


Attorney(s) appearing for the Case

Darl W. Poling, Beckley, West Virginia, Attorney for the Appellants.

Marianne Kapinos, Cynthia H. Dellinger, Charleston, West Virginia, Attorney for Appellees.

Thomas G. Casto, Webster J. Arceneaux, III, Amanda M. Ream, Lewis, Glasser, Casey & Rollins, Charleston, West Virginia, Attorneys for the Intervenor.

James W. Thomas, Jackson Kelly, PLLC, Charleston, West Virginia, Attorney for Amicus Curiae West Virginia Hospital Association.


The Opinion of the Court was delivered PER CURIAM.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

PER CURIAM:

Family Medical Imaging, Dr. Gary L. Poling and Dr. Scott C. Lostetter (hereinafter referred to as the "Appellants"),1 appeal from an order of the Circuit Court of Raleigh County that affirmed a decision of the West Virginia Health Care Authority (hereinafter referred to as "the Authority...

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