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STATE EX REL. BACHE & CO. v. GAINER

No. 12983.

177 S.E.2d 10 (1970)

STATE ex rel. BACHE & CO., Inc. v. Honorable Denzil L. GAINER, Auditor of the State of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided October 20, 1970.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, Howard R. Klostermeyer, George G. Guthrie, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Cletus B. Hanley, Deputy Atty. Gen., Victor A. Barone, Asst. Atty. Gen., Charleston, for respondent.

HAYMOND, Judge.

This is an original mandamus proceeding instituted in this Court in June 1970. The petitioner, Bache & Co., Inc., hereinafter sometimes referred to as Bache, seeks a writ to require the defendant, Honorable Denzil L. Gainer, Auditor of the State of West Virginia, to issue a warrant upon the Treasurer of the State of West Virginia for payment to the petitioner of the sum of $81,000.00 from the State Road Fund of the State of West Virginia for services...

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