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STATE v. MORTON

Nos. 10692, 10693.

84 S.E.2d 791 (1954)

STATE of West Virginia, at the Relation of A. Garnett THOMPSON, Individually and as a Member of the West Virginia Turnpike Commission, v. D. Holmes MORTON. STATE of West Virginia, at the Relation of James M. DONOHOE, Individually and as a Member of the West Virginia Turnpike Commission, v. Hugh F. HUTCHINSON.

Supreme Court of Appeals of West Virginia.

Decided October 12, 1954.

Dissenting Opinion December 1, 1954.

Attorney(s) appearing for the Case

John G. Fox, Atty. Gen., T. D. Kauffelt, Asst. Atty. Gen., for relators.

Robert S. Spilman, Wood Bouldin, Jr., Stuart W. Thayer, Charleston, for respondents.

GIVEN, President.

In these original proceedings in mandamus the controlling facts are the same, and questions of law are identical. They are heard on the petition of the State at the relation of A. Garnett Thompson, in one of the proceedings; the petition of the State at the relation of James M. Donohoe, in the other proceeding; the demurrer and answer of the defendant D. Holmes Morton to the petition of the State at the...

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