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DAILY GAZETTE CO. v. WEST VA. BD. OF MEDICINE

No. 16826.

352 S.E.2d 66 (1986)

The DAILY GAZETTE CO., INC., etc. v. The WEST VIRGINIA BOARD OF MEDICINE.

Supreme Court of Appeals of West Virginia.

December 10, 1986.

Attorney(s) appearing for the Case

Raymond G. Dodson, Charleston, for appellant.

George G. Guthrie, Joseph J. Miller, Spilman, Thomas, Battle & Klostermeyer, Charleston, for amicus curiae.

Rudolph L. diTrapano, Rebecca A. Baitty, Charleston, for appellee.

MILLER, Chief Justice:

The West Virginia Board of Medicine (hereinafter the Board) appeals from a judgment of the Circuit Court of Kanawha County granting declaratory and injunctive relief in favor of the the Daily Gazette Company, Inc., and the Daily Mail Publishing Company (hereinafter the Newspapers). The circuit court declared several sections of the West Virginia Medical Practice Act, W.Va.Code, 30-3-1 through -17 (1980),1

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