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STATE EX REL. STOLLINGS v. GAINER

No. 12862.

170 S.E.2d 817 (1969)

STATE ex rel. Marilyn STOLLINGS v. Denzil GAINER, Auditor of the State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided October 28, 1969.

Dissenting Opinion November 20, 1969.

Attorney(s) appearing for the Case

W. Bernard Smith, Logan, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Dennis R. Vaughn, Jr., Asst. Atty. Gen., Charleston, for respondent.

BERRY, Judge.

This original mandamus proceeding was instituted in this Court by Marilyn Stollings against Denzil L. Gainer, Auditor for the State of West Virginia, in order to obtain a writ of mandamus compelling the respondent to issue a warrant in the amount of $10,000 in compliance with a requisition from the State Road Commission to cover damages Mrs. Stollings suffered in an automobile accident which the 1969 Regular...

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