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STATE v. O'BRIEN

No. 10845.

96 S.E.2d 171 (1956)

STATE ex rel. DEWEY PORTLAND CEMENT COMPANY v. D. Pitt O'BRIEN, Secretary of State.

Supreme Court of Appeals of West Virginia.

Decided December 22, 1956.

Attorney(s) appearing for the Case

Fitzpatrick, Marshall, Huddleston & Bolen, E. A. Marshall, William C. Beatty, Huntington, Gage, Hillix, Moore & Park, Kansas City, Mo., for relator.

John G. Fox, Atty. Gen., Angus E. Peyton, Charles R. McElwee, Asst. Attys. Gen., for respondent.

Stathers & Cantrall, Arch M. Cantrall, Clarksburg, Charles C. Wise, Jr., Charleston, and C. H. Hardesty, Jr., Fairmont, amici curiae for Simpson G. M. C. Truck Co., Fairmont Auto Supply Co., and Sanitary Baking Co.

McCamic & Tinker, Wheeling, amicus curiae for Cooperative Transit Co. and Owl Office Outfitters.

BROWNING, President.

Relator, Dewey Portland Cement Company, seeks in this original proceeding in mandamus to compel the respondent, D. Pitt O'Brien, Secretary of State of West Virginia, to receive a certificate of amendment executed by relator's president, to issue his certificate reciting the resolution set forth in the certificate of amendment and to declare the amendments to the charter, increasing the authorized capital stock as set forth in the certificate of...

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