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STATE v. MAXWELL

No. 12328.

135 S.E.2d 741 (1964)

STATE ex rel. J. Zane SUMMERFIELD v. C. H. MAXWELL, Clerk, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided April 17, 1964.

Attorney(s) appearing for the Case

Mahan, Higgins, Thrift & Graney, R. J. Thrift, Jr., Fayetteville, for relator.

Warren A. Thornhill, III, Beckley, for respondents.

BROWNING, Judge.

In this original proceeding in mandamus, petitioner, J. Zane Summerfield, a candidate for the nomination for the office of prosecuting attorney of Fayette County on the democratic ticket, seeks to compel the respondents, the board of ballot commissioners for Fayette County, to omit the name of the respondent, Bob Prowse, also a candidate for such nomination, from the official ballot of the democratic party to be voted on in that county at the primary...

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