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STATE v. GAINER

Nos. 12446, 12461.

143 S.E.2d 351 (1965)

STATE ex rel. APPALACHIAN POWER COMPANY v. Denzil L. GAINER, Auditor, etc. STATE ex rel. the CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF WEST VIRGINIA v. Denzil L. GAINER, Auditor, etc.

Supreme Court of Appeals of West Virginia.

Decided July 13, 1965.

Attorney(s) appearing for the Case

Robert E. Magnuson, Ernest K. James, Charleston, for relator Appalachian Power Co.

A. Thomas Breit, Jackson, Kelly, Holt & O'Farrell, Homer A. Holt, Charleston, for relator C. & P. Telephone Co. of W. Va.

C. Donald Robertson, Atty. Gen., Leo Catsonis, Philip J. Graziani, Asst. Attys. Gen., Charleston, for respondent.

Steptoe & Johnson, David C. Clovis, Clarksburg, for Quiet Dell Public Serv. Dist. & Sun Valley Public Serv. Dist., amici curiae.

Furbee & Hardesty, Russell L. Furbee, Fairmont, for Monongahela Power Co., amici curiae.

CALHOUN, Judge.

This case involves two proceedings in mandamus which were instituted in this Court pursuant to its original jurisdiction in such cases. They involve similar factual situations and similar legal questions and consequently, by consent of all parties, they have been consolidated for purposes of argument and final decision by this Court.

The relators in the two mandamus proceedings seek to have the Court...

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