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FOSTER v. COOPER

No. 13157.

186 S.E.2d 837 (1972)

Frank FOSTER and Aubrey Robertson v. George M. COOPER, Judge, etc., Thirty-Second Judicial Circuit.

Supreme Court of Appeals of West Virginia.

Decided February 1, 1972.

Attorney(s) appearing for the Case

Danny O. Cline, Prosecuting Atty., Sutton, for relators.

E. V. Morton, Jr., Webster Springs, for respondent.

Swadley & Taylor, James H. Swadley, Jr., Keyser, amici curiae on behalf of Mineral County Bar Assn.

CAPLAN, Judge:

The petitioners in this original proceeding in prohibition, Frank Foster, B. D. Marple and Aubrey Robertson, are residents, taxpayers and legal voters of Braxton County, West Viriginia and are also the duly elected and acting commissioners of the county court of said county. In this proceeding they seek to prohibit the respondent, George M. Cooper, Judge of the Circuit Court of Braxton County, from further assuming jurisdiction as such judge and from...

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