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STATE v. DUFFIELD

No. 12350.

138 S.E.2d 351 (1964)

STATE ex rel. C. M. McDANIEL et al. v. George C. DUFFIELD, Executive Secretary, et al., as Members of Board of Trustees of the West Virginia Public Employees Retirement System, etc., and W. W. Alexander, Mayor, City of Nitro, and Borden E. Gewin, et al., Members of Council of City of Nitro.

Supreme Court of Appeals of West Virginia.

Decided October 20, 1964.

Attorney(s) appearing for the Case

Neal A. Kinsolving, Charleston, for relators.

C. Donald Robertson, Atty. Gen., J. Patrick Bower, Asst. Atty. Gen., Charleston, for respondents Duffield and others.

Luke W. Michael, City Atty., Nitro, for respondents Alexander and others.

CAPLAN, Judge:

In this original proceeding in mandamus the petitioners, C. M. McDaniel, Kenneth C. King, Denver R. Rawlings, Clyde C. Harris, Ernest W. Hedrick and James L. Raynes, members of the fire department of the City of Nitro, seek a writ to compel the respondents, George C. Duffield, Denzil L. Gainer, John H. Kelly, Truman E. Gore, Charles M. Walker and Charles F. Fox, Executive Secretary and members of the Board of Trustees of the West Virginia Public Employees...

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