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STATE v. WEST

No. 12039.

116 S.E.2d 398 (1960)

STATE of West Virginia ex rel. Moneth W. ZICKEFOOSE et al. v. Garland WEST et al.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1960.

Dissenting Opinions July 19 and August 23, 1960.

Concurring Opinion October 18, 1960.

Attorney(s) appearing for the Case

Hyer, Gibson & Talbott, Elkins, for relators.

Kelcel M. Ross, Buckhannon, Wysong & Wysong, Webster Springs, for respondents.

CALHOUN, Judge.

This original proceeding in mandamus was instituted in this Court in the name of the State of West Virginia at the relation of Moneth W. Zickefoose and Roy L. Warner, voters and residents of Upshur County, for the benefit of themselves and all other residents and voters of that county, against Garland West, Lester Hildreth and Gloris L. Darnall, constituting the board of ballot commissioners of Upshur County, and Eugene Charles Suder.

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