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MILLER v. BURLEY

No. 13079.

187 S.E.2d 803 (1972)

Brooks MILLER v. Richard L. BURLEY et al., etc. and Bessie Allen.

Supreme Court of Appeals of West Virginia.

Decided on Rehearing March 7, 1972.

Dissenting Opinion March 29, 1972.

Attorney(s) appearing for the Case

Madden & Hughes, John T. Madden, G. Thomas Gall, Moundsville, for plaintiff in error.

Rickey & Chase, John K. Chase, J. K. Chase, Jr., Moundsville, for defendants in error.

HAYMOND, Judge.

In this mandamus proceeding, instituted in the Circuit Court of Marshall County, December 3, 1970, the petitioner, Brooks Miller, a citizen, taxpayer and legal voter of Marshall County, West Virginia, seeks a writ to compel the defendants, Richard L. Burley, Charles P. Helinski and John W. Myers, Commissioners of the County Court of Marshall County, West Virginia, and as such the Board of Canvassers of said...

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