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STATE v. O'BRIEN

Case No. 10110.

60 S.E.2d 722 (1950)

STATE ex rel. MORGAN et al. v. O'BRIEN, Secretary of State.

Supreme Court of Appeals of West Virginia.

Decided October 27, 1948.

Majority Opinion Filed December 18, 1948.

Dissenting Opinion August 7, 1950.

Attorney(s) appearing for the Case

Charles C. Wise and Ernest K. James, for Charleston, for relators.

Ira J. Partlow, Attorney General, John C. Vance, Asst. Atty. Gen., for respondent.

RILEY, President.

On October 21, 1948, at a regular term of this Court, the State of West Virginia ex rel. C. R. Morgan, George L. Coyle, George C. Schmidt and George W. Bright, citizens and taxpayers, filed their petition, seeking a writ of mandamus to command D. Pitt O'Brien, Secretary of State of the State of West Virginia, to revoke his certification for submission to the electorate of the State at the general election...

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