STATE v. BANE

No. 12301.

135 S.E.2d 349 (1964)

STATE ex rel. the COUNTY COURT OF MINERAL COUNTY, a Corporation, et al. v. John H. BANE, as President, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1964.


Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers, James K. Brown, Charleston, C. Reeves Taylor, Pros. Atty., Mineral County, Keyser, for relators.

E. Nobles Lowe, New York City, Blundon & Hart, Joseph A. Blundon and Henry Clay Hart, Jr., Keyser, for amicus curiae for W. Va. Pulp and Paper Co., a Corp.

Spilman, Thomas, Battle & Klostermeyer, Howard R. Klostermeyer, Charleston, amicus curiae for W. Va. Chamber of Commerce and W. Va. Bankers Assn.

Rogers & Hott, N. Howard Rogers, Donald C. Hott, Keyser, for respondents.


BROWNING, Judge.

In this original proceeding in mandamus the County Court of Mineral County is seeking to uphold the constitutionality of Chapter 78, Acts of the Legislature, Regular Session, 1963, the pertinent provisions of which are stated in the companion proceeding styled State ex rel. County Court of Marion County v. Demus, W.Va., 135 S.E.2d 352, decided herewith. Pursuant to the act petitioner has authorized the issuance...

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