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CITY OF FAIRMONT v. FAIRMONT GENERAL HOSP.

No. 12-0205.

744 S.E.2d 662 (2013)

The CITY OF FAIRMONT and Fairmont City Council, Defendants Below, Petitioners v. FAIRMONT GENERAL HOSPITAL, INC., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Kevin V. Sansalone, Esq. , Fairmont, WV, for Petitioners.

Michael S. Garrison, Esq. , Kelly J. Kimble, Esq. , Spilman Thomas & Battle, PLLC, Morgantown, WV, Counsel for Respondent.

PER CURIAM.

In the proceedings below, respondent, Fairmont General Hospital (hereinafter "FGH" or "the hospital"), filed a declaratory judgment action in the Circuit Court of Marion County, West Virginia, against petitioners, City of Fairmont (hereinafter "the City") and Fairmont City Council (hereinafter "the Council"), seeking a declaration that section 4.06 of the Fairmont City Charter was no longer applicable to the hospital and an injunction prohibiting individuals...

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