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CHARLESTON TRANSIT COMPANY v. CONDRY

No. CC819.

86 S.E.2d 391 (1955)

CHARLESTON TRANSIT COMPANY, a Corporation, v. Joseph P. CONDRY, Individually, and as Commissioner of the Department of Motor Vehicles of the State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided March 8, 1955.

Dissenting Opinion March 18, 1955.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, Wood Bouldin, Jr., Stuart W. Thayer, Charleston, for plaintiff.

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

LOVINS, President.

This declaratory judgment proceeding was instituted in the Circuit Court of Kanawha County by the Charleston Transit Company against Joseph P. Condry, individually and as Commissioner of the Department of Motor Vehicles of the State of West Virginia. The plaintiff and defendant will be hereinafter so designated.

The question at issue here is whether the municipalities of Charleston, South Charleston...

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