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STATE EX REL. PHOENIX INSURANCE COMPANY v. RITCHIE

Nos. 12864, 12865, 12870, 12872-12875 and 12871.

175 S.E.2d 428 (1970)

STATE ex rel. the PHOENIX INSURANCE COMPANY, etc. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. Kathleen THOMAS, Executrix, etc., et al. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. the TRUSTEES, KANAWHA AERIE NO. 1040, FRATERNAL ORDER OF EAGLES, a Corp. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. Louis F. MURAD et al. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. Posey A. MARTIN et al. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. PROGRESSIVE INVESTMENTS, INC., a Corp. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. Andrew A. TABIT et al. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va. STATE ex rel. Wilson JACOBS et al. v. William S. RITCHIE, Jr., State Road Commissioner of W. Va.

Supreme Court of Appeals of West Virginia.

Decided June 23, 1970.

Dissenting Opinion July 7, 1970.

Attorney(s) appearing for the Case

George L. Vickers, Montgomery, Carl B. Vickers, Fayetteville, for relators Phoenix Ins. Co., Kathleen Thomas, and others.

Louis R. Tabit, Montgomery, for relators Trustees, Kanawha Aerie No. 1040, Fraternal Order of Eagles and all others.

Claude H. Vencill, Legal Division, State Road Commission, Charleston, for respondent William S. Ritchie.

John Krivonyak, Legal Division, State Road Comm., Charleston, for William S. Ritchie in No. 12871.

BROWNING, President:

These eight cases are original proceedings in mandamus, and there are common questions of fact as to each and common questions of law as to the first seven but not as to the eighth, Phoenix Insurance Company v. The State Road Commissioner. The petitions allege that on October 11, 1967, the Mountain State Construction Company, working pursuant to a contract with the State Road Commission and doing certain...

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