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TUG VALLEY PHARMACY v. ALL PLAINTIFFS BELOW

No. 14-0144.

773 S.E.2d 627 (2015)

TUG VALLEY PHARMACY, LLC; B & K Pharmacies, Inc. d/b/a Family Pharmacy; Strosnider Drug Store, Inc. d/b/a Sav-Rite Pharmacy; and Dr. Diane Shafer Defendants Below, Petitioners v. ALL PLAINTIFFS BELOW IN MINGO COUNTY Civil Action Nos. 10-C-251, 11-C-332, 12-C-38, 10-C-252, 10-C-319, 12-C-39, 12-C-35, and 11-C-370, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 13, 2015.

Concurring Opinion of Justice Benjamin May 28, 2015.

Attorney(s) appearing for the Case

Michael M. Fisher, Esq. , Elizabeth S. Cimino, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, for Tug Valley Pharmacy, LLC, Samuel Randolph Ballengee, and, B & K Pharmacies, Inc., d/b/a Family, Pharmacy.

David F. Nelson, Esq. , Hendrickson & Long, PLLC, Charleston, West Virginia, for Strosnider Drug Store, Inc. d/b/a, Sav-Rite Pharmacy.

Cecil C. Varney, Esq. , Williamson, West Virginia, for Diane Shafer, M.D.

James M. Cagle, Esq. , Charleston, West Virginia, for Respondents.

This case is before the Court upon certified questions presented by the Circuit Court of Mingo County regarding whether the respondents/plaintiffs below (hereinafter "respondents") in the cases below may maintain causes of action against the petitioners/defendants below (hereinafter "petitioners") for allegedly causing or...

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