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STATE EX REL. WEST VIRGINIA BOARD OF ED. v. MILLER

No. 12837.

168 S.E.2d 820 (1969)

STATE ex rel. The WEST VIRGINIA BOARD OF EDUCATION, a Corporation v. Jack L. MILLER, Commissioner of Finance and Administration, State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided July 22, 1969.

Attorney(s) appearing for the Case

George E. Lantz, Asst. Atty. Gen., William F. Carroll, Asst. Atty. Gen., Charleston, for relator.

Jackson, Kelly, Holt & O'Farrell, John L. McClaugherty, Louis S. Southworth, II, Charleston, for respondent.

BERRY, Judge.

This proceeding in mandamus invoking the original jurisdiction of this Court was instituted by the petitioner, the West Virginia Board of Education, to require the respondent, Jack L. Miller, Commissioner of Finance and Administration, State of West Virginia, to consent to the amendment of petitioner's expenditure schedule for Marshall University, submitted to the respondent for the creation of a new position...

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