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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

January 2000 Term  
FILED  RELEASED  
July 12, 2000 DEBORAH L. McHENRY, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA  No. 27374  July 12, 2000 DEBORAH L. McHENRY, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA  

WEST VIRGINIA BOARD OF MEDICINE,
Petitioner below, Appellant,

v.

DIANE E. SHAFER, M.D.,
Respondent below, Appellee.

Appeal from the Circuit Court of Mingo County
Honorable Michael Thornsbury, Judge
Civil Action No. 98-AAA-6

AFFIRMED

Submitted: June 13, 2000
Filed: July 12, 2000  
Deborah Lewis Rodecker, Esq.  J. Fox DeMoisey, Esq.  
West Virginia Board of Medicine  DeMoisey & Smither  
Charleston, West Virginia  Louisville, Kentucky  
Attorney for the Appellant  C. Page Hamrick, III, Esq.  
Charleston, West Virginia  
Attorneys for the Appellee  

The Opinion of the Court was delivered PER CURIAM.
CHIEF JUSTICE MAYNARD, deeming himself disqualified, did not participate in the decision of this case.
JUSTICE SCOTT, deeming himself disqualified, did not participate in the decision of this case.
JUDGE HRKO, sitting by special assignment.
JUDGE RISOVICH, sitting by special assignment.
JUSTICE DAVIS dissents and reserves the right to file a dissenting opinion.
JUDGE HRKO dissents.

SYLLABUS

1.

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West Virginia Law