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STATE EX REL. ELLIS v. COUNTY COURT OF CABELL COUNTY

Nos. 12805, 12807.

167 S.E.2d 284 (1969)

STATE ex rel. Robert O. ELLIS, Jr. v. The COUNTY COURT OF CABELL COUNTY, etc., et al. STATE ex rel. Lafe C. CHAFIN v. The COUNTY COURT OF CABELL COUNTY, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided April 1, 1969.

Attorney(s) appearing for the Case

Edward V. Lee, L. D. Egnor, Jr., Huntington, for relator Chafin.

Edmund G. Marshall, W. Merton Prunty and Frank W. Gerchow, Huntington, for relator Ellis.

Beckett & Burford, Robert H. Burford, Huntington, for respondent Myers.

Zane Grey Staker, Williamson, for respondent Dunfee.

Edmund G. Marshall, W. Merton Prunty, Frank W. Gerchow, Huntington, for respondent Ellis.

HAYMOND, President:

These two mandamus proceedings involve the determination, upon a recount, of the result of the election between the opposing candidates for the office of prosecuting attorney of Cabell County at the general election on November 5, 1968. In one of these mandamus proceedings, instituted February 11, 1969, the petitioner, Robert O. Ellis, Jr., Republican candidate for the office of prosecuting attorney of Cabell County, seeks a writ to require the...

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