St. Mary's Hospital v. Department of Health

West Virginia Court of Claims

St. Mary's Hospital v. Department of Health

15 Ct. Cl. 102

CourtWest Virginia Court of Claims

DecidedFebruary 1, 1984

DocketCC-83-302

StatusPublished

This text of 15 Ct. Cl. 102 (St. Mary's Hospital v. Department of Health) 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.

Bluebook

St. Mary's Hospital v. Department of Health, 15 Ct. Cl. 102 (W. Va. Super. Ct. 1984).

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Opinion

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer.

Claimant seeks $97,993.90 for medical services rendered to various patients of Huntington State Hospital. Respondent, in its Answer, admits the validity of the claim, but states that there were no funds remaining in its appropriation for the fiscal year in question from which the claim could be paid.

While this is a claim which in equity and good conscience should be paid, the Court finds that an award cannot be made based upon the decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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