STATE v. GARNER

No. 12189.

128 S.E.2d 185 (1962)

STATE of West Virginia ex rel. PLYMALE et al. v. George L. GARNER et al., etc., of City of Huntington, etc.

Supreme Court of Appeals of West Virginia.

Decided September 25, 1962.

Opinion Filed October 30, 1962.

Dissenting Opinion November 19, 1962.


Attorney(s) appearing for the Case

Beckett & Burford, Robert H. Burford, Huntington, for relators.

Maxwell W. Flesher, Selden S. McNeer, Huntington, for respondents.


BERRY, Judge.

This is an original proceeding in mandamus instituted in this Court by the petitioners, J. Fred Plymale, E. E. Sturm, Harry Yoho, A. M. Van Hoose, Howard L. Bailey and Oliver W. Spurlock, citizens, residents, qualified voters and electors of the City of Huntington, Cabell County, West Virginia, against the respondents, George L. Garner, Bert H. Early, Bob E. Myers, A. E. Harris, John J. Durkin, W. R. Moser and Harry S. Damron, members of the Municipal...

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