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STATE EX REL. BAKER v. MORGAN COUNTY WAR MEMORIAL HOSP.

No. 35298.

718 S.E.2d 784 (2010)

STATE of West Virginia, ex rel. Jennifer BAKER, Janet Horner, Sharon Hendershot, Barbara Johnson, Tanya Manley, Helen Miller, Christine Mullen, Ruth Smith, Bernice Stotler, Dee Ann Stotler, Linda Stotler, Barbara Yost, Carol Layton, Nancy Waugh, and Terry Kesecker, Plaintiffs Below, Appellees, v. MORGAN COUNTY WAR MEMORIAL HOSPITAL, by and through MORGAN COUNTY WAR MEMORIAL HOSPITAL BOARD OF DIRECTORS, John H. Borg, and Valley Health Systems, Inc., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Richard G. Gay, Esq. , Nathan P. Cochran, Esq. , Law Office of Richard G. Gay, Berkeley Springs, WV, John Baldwin, Esq. , Pro Hac Vice, Baldwin Law Group, Towson, MD, for Appellants.

Lawrence M. Schultz, Esq. , Mark Jenkinson, Esq. , Burke, Schultz, Harman & Jenkinson, Martinsburg, WV, for Appellees.

PER CURIAM:

In this appeal from the Circuit Court of Morgan County we are asked to examine an order that interpreted a pension plan and a board of directors' resolution terminating that plan. The circuit court entered a partial summary judgment order finding that the resolution unambiguously terminated the plan, and finding that the plan's language requires any surplus assets in the pension plan to be distributed to the plan's participants (after all of the plan's...

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