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STATE EX REL. BROTHERTON v. BLANKENSHIP

No. 13514.

214 S.E.2d 467 (1975)

STATE ex rel. William T. BROTHERTON, Jr., etc., et al. v. C. A. BLANKENSHIP, Clerk, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion February 5, 1975.

Attorney(s) appearing for the Case

Jack M. McCarty, Charleston, Robert M. Harvey, Dunbar, for petitioners.

Chauncey H. Browning, Jr., Atty. Gen., Henry C. Bias, Jr., Deputy Atty. Gen., Charleston, for respondent.

Spilman, Thomas, Battle & Klostermeyer, W. Victor Ross, Charleston, for intervenor Arch A. Moore, Jr., Governor of W. Va.

HADEN, Chief Justice:

On September 4, 1974, the relators, the Honorable William T. Brotherton, Jr., as a member and President of the Senate of West Virginia, and the Honorable Lewis N. McManus, as a member and Speaker of the House of Delegates of West Virginia, and both as citizens and taxpayers of the State, sought to invoke the original jurisdiction of this Court through the issuance of a writ to require the respondent, C. A. Blankenship, Clerk of the House of Delegates...

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