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STATE v. COUNTY COURT OF KANAWHA COUNTY

Nos. 12597, 12598.

150 S.E.2d 887 (1966)

STATE of West Virginia ex rel. Mario J. PALUMBO v. The COUNTY COURT OF KANAWHA COUNTY, West Virginia, a Corporation, and S. Grover Smith, Jr., E. S. "Bill" Thompson and J. Kemp McLaughlin, as Commissioners of said County Court of Kanawha County, West Virginia, and S. Grover Smith, Jr. STATE of West Virginia ex rel. James W. LOOP v. The COUNTY COURT OF KANAWHA COUNTY, West Virginia, a Corporation, and S. Grover Smith, Jr., E. S. "Bill" Thompson and J. Kemp McLaughlin, as Commissioners of said County Court of Kanawha County, West Virginia, and L. E. Thompson.

Supreme Court of Appeals of West Virginia.

Order Prepared September 13, 1966.

Opinion Filed September 27, 1966.

Dissenting Opinion November 3, 1966.

Attorney(s) appearing for the Case

Charles M. Love, John A. Amick, Kenneth L. Coghill, Charleston, for relator.

Charles G. Peters, George S. Sharp, Charleston, for respondents.

BERRY, Judge:

These cases which were consolidated for the purposes of argument and decision involve an identical point in the construction of a West Virginia Statute, with reference to in what term of a county court an election contest must be held. They arise out of a recount held in Kanawha County to determine the nominee for a position on the Democratic ticket for County Court and to determine the nominee for the fourteenth position on the Democratic ticket for...

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