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STATE v. HEREFORD

No. 12277.

133 S.E.2d 86 (1963)

STATE of West Virginia ex rel. G. Thomas BATTLE, State Tax Commissioner, v. John W. HEREFORD, Judge of the Circuit Court of Cabell County, West Virginia, et al.

Supreme Court of Appeals of West Virginia.

Decided November 5, 1963.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Edward B. Simms, Asst. Atty. Gen., Marshall G. West, Pikeville, William F. Carroll, Louise M. Barr, Charleston, for relator.

Beckett & Burford, R. H. Burford, Jenkins & Jenkins, Huntington, for respondent, American Cigarette Service, Inc.

HAYMOND, Judge.

This is an original prohibition proceeding instituted in this Court on September 11, 1963. The petitioner, G. Thomas Battle, State Tax Commissioner of West Virginia, seeks a writ to prohibit the defendants, Honorable John W. Hereford, Judge of the Circuit Court of Cabell County, West Virginia, W. Merton Prunty, Special Receiver for American Cigarette Service, Inc. and American Cigarette Service, Inc., from...

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