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FOSTER FOUNDATION v. GAINER

No. 35627.

717 S.E.2d 883 (2011)

FOSTER FOUNDATION, Petitioner v. Glen B. GAINER, III, West Virginia State Auditor, and The West Virginia Court of Claims, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 10, 2011.

Attorney(s) appearing for the Case

Audy M. Perry, Jr. , Daniel J. Konrad , Charles F. Bellomy , Huddleston Bolen LLP, Huntington, WV, Attorneys for the Petitioner.

Lisa A. Hopkins , General Counsel, L. Danae DeMasi , Assistant General Counsel, Charleston, WV, Attorneys for the Respondent, Auditor Glen B. Gainer, III.

John R. Homburg , West Virginia Legislature, Joint Committee on Government and Finance Legislative Services Division, Charleston, WV, and Ray E. Ratliff , West Virginia Senate, Charleston, WV and Mark W. McOwen , West Virginia House of Delegates, Charleston, WV, Attorneys for the Respondent, West Virginia Court of Claims.

DAVIS, Justice:

The petitioner herein, Foster Foundation (hereinafter referred to as "the Foundation"), requests this Court to issue a writ of certiorari to relieve it from a decision rendered August 14, 2009, by the respondent herein, the Court of Claims of the State of West Virginia (hereinafter referred to as "the Court of Claims"). In that opinion, the Court of Claims denied the Foundation's claim for reimbursement of $457,386.79 in certification fees charged...

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