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PIEDMONT BEHAVIORAL HEALTH CENTER, LLC v. STEWART

No. Civ.A. 2:04-CV-946.

413 F.Supp.2d 746 (2006)

PIEDMONT BEHAVIORAL HEALTH CENTER, LLC, et al., Plaintiffs, v. David STEWART, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

January 31, 2006.

Attorney(s) appearing for the Case

Charles M. Johnson, Jr., Charleston, WV, Christopher S. Morris, Charleston, WV, Harry F. Bell, Jr., Charleston, WV, Mychal S. Schulz, Charleston, WV, Robert J. Moss, Washington, DC, Robert M. Stonestreet, Charleston, WV, for Plaintiffs Piedmont Behavioral Health Center, LLC, Woodside Hospital, LLC, Jane Doe, and John Doe.

Charles R. Bailey, Charleston, WV, G. Dustin Foster, Charleston, WV, for Defendants David Stewart and West Virginia Department of Education.

Darrell V. McGraw, Jr., Charleston, WV, William P. Jones, Charleston, WV, for Defendants Paul L. Nusbaum and West Virginia Department of Health and Human Resources.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court are the motion for partial summary judgment of the plaintiffs [Docket 73], the motion for summary judgment of defendants Dr. David Stewart and the West Virginia Department of Education [Docket 71], and the motion for summary judgment of defendants Paul Nusbaum and the West Virginia Department of Health and Human Resource [Docket 75]. For the reasons stated herein, the court

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