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STATE EX REL. MARTINSBURG v. SANDERS

No. 32868.

632 S.E.2d 914 (2006)

219 W.Va. 228

STATE of West Virginia ex rel. City of Martinsburg, a Municipal Corporation, Petitioner, v. Honorable David H. SANDERS, Judge of the Berkeley County Circuit Court; Christopher W. Beard, Mark Stroop, Steven T. Canby, Scott W. Stroop, Daniel M. Thomas, Donna Harmison, Derrick Crawford, Michael A. Johnson, Fred Pearrell, R.A. Talbott, Jr., Anthony Sirna, John Glen Holben, Jonathan Fink, Jason Gochenour and Jason E. Hoover, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 29, 2006.

Dissenting Opinion of Justice Starcher July 11, 2006.

Attorney(s) appearing for the Case

Charles F. Printz, Jr., Joseph L. Caltrider, Bowles Rice McDavid Graff & Love, L.L.P., Martinsburg, for the Petitioner.

Harry Patton Waddell, Martinsburg, for the Respondents.

ALBRIGHT, Justice.

City of Martinsburg (hereinafter referred to as "Martinsburg") invokes this Court's original jurisdiction1 by seeking a writ of prohibition to bar the Circuit Court of Berkeley County from conducting further proceedings in an action based on a negligence claim seeking award of medical monitoring expenses brought against Martinsburg by current and former firefighters (hereinafter referred to as "Respondents") employed...

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