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CUNNINGHAM v. SCIBANA

No. Civ.A. 1:00-0223.

119 F.Supp.2d 584 (2000)

Connie F. CUNNINGHAM, Petitioner, v. Joseph SCIBANA, Respondent.

United States District Court, S.D. West Virginia, at Bluefield.

October 3, 2000.

Attorney(s) appearing for the Case

George H. Lancaster, Jr., Assistant Federal Public Defender, Edward H. Weis, Assistant Federal Public Defender, Charleston, WV, for petitioner Connie F. Cunningham.

Michael L. Keller, Assistant United States Attorney, Charleston, WV, for respondent Joseph Scibana.

MEMORANDUM OPINION AND ORDER

FABER, District Judge.

I. Statement of the Case

Petitioner, Constance F. Cunningham ("Cunningham") was formerly a registered nurse at a hospital in Indiana. She acknowledges having once been addicted to Demerol, a Schedule II controlled substance administered in hospitals as a powerful painkiller. Cunningham was charged with removing Demerol from syringes stored...

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