COOK v. LILLY

No. 13413.

208 S.E.2d 784 (1974)

Glen L. COOK and Jennifer Cook v. Honorable C. Berkley LILLY, Judge Tenth Judicial Circuit Court, et al., etc.

Supreme Court of Appeals of West Virginia.

October 15, 1974.


Attorney(s) appearing for the Case

Higinbotham & Higinbotham, George R. Higinbotham, Fairmont, for relators.

Ned H. Ragland, Beckley, for respondents Basil O. Bennett, and others etc.


NEELY, Justice:

This Court granted a rule to show cause in this original action in prohibition to determine the validity of W.Va.Code, 46-9-503 (1963) and 46-9-504 (1963) under the Fourteenth Amendment to the United States Constitution and W.Va.Const., Art. 3, Sect. 10.1 As we do not find sufficient state action to sustain challenges under either the Fourteenth Amendment or W.Va. Const., Art. 3, Sect. 10, the writ of prohibition is denied...

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