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STATE v. ROGERS

No. 10283.

61 S.E.2d 258 (1950)

STATE ex rel. LOCKHART et al. v. ROGERS, Mayor, et al.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1950.

Opinion Filed July 15, 1950.

Dissenting Opinion October 9, 1950.

Attorney(s) appearing for the Case

Thornton G. Berry, Jr., Leon P. Miller, Welch, for petitioners.

Albert A. Barley, J. M. Crockett, Welch, Charles C. Wise, Jr., Charlestown, for respondents.

LOVINS, President.

This original proceeding in mandamus brought by Edward Lockhart, Sr., Morton M. Lipman, Joe A. Marino, Fitzhugh Smith, Henry J. Capehart, Jr., and Hal B. Belcher, petitioners, against L. E. Rogers, mayor of the City of Welch, Meyer Bell, Howard Sly, Jess Mullins, Joseph G. Travis and W. B. Swope, members of the council of that city, Hobart E. Payne, city clerk, and the City of Welch, a municipal corporation, is for the purpose of compelling the...

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