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STATE EX REL. C & D EQUIPMENT COMPANY v. GAINER

No. 12920.

174 S.E.2d 729 (1970)

STATE ex rel. C & D EQUIPMENT COMPANY, etc. v. Honorable Denzil L. GAINER, Auditor, etc.

Supreme Court of Appeals of West Virginia.

Decided April 14, 1970.

Attorney(s) appearing for the Case

Kay, Casto & Chaney, Robert H. C. Kay, Frank L. Taylor, Jr., Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Charleston, Joseph E. Hodgson, Victor A. Barone, Asst. Attys. Gen., Charleston, for respondent.

BERRY, Judge:

This is an original proceeding in mandamus initially filed in this Court on December 9, 1969, in which the petitioner, C & D Equipment Company, a corporation, for the use and benefit of the First National Bank of South Charleston, West Virginia, to which money had been assigned, seeks a writ to compel the respondent, Denzil L. Gainer, Auditor of the State of West Virginia, to draw a warrant for the payment of an agreed amount between the petitioner...

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