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STATE v. CITY OF CLARKSBURG

No. 12724.

162 S.E.2d 181 (1968)

STATE of West Virginia ex rel. Virgil RIFFLE, who sues for himself and for the benefit of and on behalf of others who are similarly situated v. CITY OF CLARKSBURG, a West Virginia Municipal Corporation; Ray M. Payne, Mayor of the City of Clarksburg; Newton M. Callaham, City Manager of the City of Clarksburg; Mildred Zink, City Clerk of the City of Clarksburg; and Ray M. Payne, Kenneth L. Trimble, James Carter, L. W. Kennedy, George Eicher, Richard V. Lynch, Jr., and William Lear, as Members of the Council of the City of Clarksburg.

Supreme Court of Appeals of West Virginia.

Decided July 9, 1968.

Attorney(s) appearing for the Case

Donald R. Wilson, Charleston, for relator.

Daniel L. McCarthy, Johnson & Johnson, William G. Johnson, Clarksburg, for respondents.

CALHOUN, Judge:

In this original proceeding in mandamus, Virgil Riffle, the petitioner, a resident and voter of the City of Clarksburg, seeks to require the respondents, the municipal corporation, its mayor, city manager, clerk and the members of the city council to hold an election pursuant to the provisions of Code, 1931, 8-4-20, as amended, to determine whether a certain municipal ordinance providing for assessment and collection of a fire service fee shall be...

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