BUCKHANNON BOARD AND CARE HOME, INC., The West Virginia Residential Board and Care Home Association, Daisy Layman, by her next friend, Faye Byers, Dorsey Pierce, by her next friend, Lockie J. Marple, and on behalf of all others similarly situated, Plaintiffs,
v.
WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Gretchen O. Lewis, Secretary, Office of Health Facility Licensure and Certification, Nancy Tyler, Director, Sandra L. Daubman, Program Manager, West Virginia Office of the State Fire Marshal, Walter Smittle, Fire Marshal, West Virginia State Board of Examiners for Registered Professional Nurses, Laura S. Rhodes, Executive Director, Gaston Caperton, in his official capacity as Governor of the State of West Virginia and State of West Virginia, Defendants.
United States District Court, N.D. West Virginia.https://leagle.com/images/logo.png
February 19, 1998.
February 19, 1998.
Attorney(s) appearing for the Case
Webster J. Arceneaux, III, Chad B. McIntosh, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for Buckhannon Board and Care Home, Inc., West Virginia Residential Bd. and Care Home Ass'n, Daisy Layman, Dorsey Pierce.
Richard M. Yurko, Jr., Steptoe & Johnson, Clarksburg, WV, Chad M. Cardinal, Asst. Atty. Gen., Charleston, WV, Darrell V. McGraw, Jr., Atty. Gen., State of W.Va., Charleston, WV, Charlene A. Vaughan, Charleston, WV, for West Virginia Dept. of Health and Human Resources.
Richard M. Yurko, Jr., Steptoe & Johnson, Clarksburg, WV, Chad M. Cardinal, Asst. Atty. Gen., Charleston, WV, Charlene A. Vaughan, Charleston, WV, for Gretchen O. Lewis, Dorsey Pierce, Office of Health Facility Licensure and Certification, Nancy Tyler, Sandra L. Daubman, West Virginia Office of the State Fire Marshal, Walter Smittle, John Beaty, II, Joseph J. Bostar, III, Randy Breeden, James W. Fife, Francis A. Guffey, II, Daniel Hess, Gregory Alan Lay, David L. Tolliver, Stephen C. McBee, Bill L. Spencer, Victor Stallard, Jr., J.D. Waggoner, Kenneth Morgan.
Robert L. Burns, Jr., Bowles, Rice, McDavid, Graff & Love, Charleston, WV, Katherine A. Schultz, Stephanie M. Sisson, Atty. General's Office, Charleston, WV, Alice R. Faucett-Carter, Charleston, WV, for West Virginia State Bd. of Examiners for Registered Professional Nurses, Laura S. Rhodes, Gaston Caperton, State of W.Va.
United States District Court, N.D. West Virginia.
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, GRETCHEN O. LEWIS, OFFICE OF HEALTH FACILITY LICENSURE AND CERTIFICATION, NANCY TYLER, SANDRA L. DAUBMAN AND GASTON CAPERTON'S MOTION TO DISMISS, DENYING DEFENDANTS WEST VIRGINIA STATE BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES AND LAURA S. RHODES' MOTION FOR SUMMARY JUDGMENT IN PART AND MOTION TO DISMISS IN PART AND DENYING...
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