Greenbrier Physicians, Inc. v. Department of Corrections

West Virginia Court of Claims

Greenbrier Physicians, Inc. v. Department of Corrections

13 Ct. Cl. 331

CourtWest Virginia Court of Claims

DecidedJanuary 27, 1981

DocketCC-80-399

StatusPublished

This text of 13 Ct. Cl. 331 (Greenbrier Physicians, Inc. v. Department of Corrections) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Greenbrier Physicians, Inc. v. Department of Corrections, 13 Ct. Cl. 331 (W. Va. Super. Ct. 1981).

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Opinion

PER CURIAM:

In this claim, submitted for decision upon the pleadings, claimant seeks payment of the sum of $104.00 for medical services rendered to an inmate of the Huttonsville Correctional Center.

[332]*332Respondent admits the validity of the claim, but further states that there were no funds remaining in its appropriation for the fiscal year in question from which the obligation could have been paid.

While we feel that this is a claim which in equity and good conscience should be paid, we are also of the opinion that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Department of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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