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STATE EX REL. ALSOP v. McCARTNEY

No. 13755.

228 S.E.2d 278 (1976)

STATE ex rel. Jack ALSOP v. James R. McCARTNEY, Secretary of State of West Virginia and Albert L. Sommerville, Jr.

Supreme Court of Appeals of West Virginia.

September 28, 1976.

Attorney(s) appearing for the Case

Morton & Garrett, William C. Garrett, Webster Springs, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Cletus B. Hanley, Deputy Atty. Gen., Charleston, for respondents.

Naaman J. Aldredge, Logan, for amicus curiae.

Fred A. Jesser, III, Fayetteville, for amicus curiae for Fayette County Bar Ass'n.

NEELY, Justice:

This action in mandamus was brought to strike down the procedure used to nominate candidates for seven new judgeships created by the 1976 Amendment to W.Va.Code, 51-2-1.1 We deny relief.

On March 17, 1976, during the Regular Session of the West Virginia Legislature, the Legislature passed Senate Bill No. 322 adding judgeships to the 7th, 12th, 13th, 14th, 17th, 21st,...

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