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STATE EX REL. MALONEY v. McCARTNEY

No. 13697.

223 S.E.2d 607 (1976)

STATE ex rel. Melton MALONEY v. James McCARTNEY, Secretary of State of West Virginia and Arch A. Moore, Jr.

Supreme Court of Appeals of West Virginia.

Appeal Dismissed April 22, 1976.

Attorney(s) appearing for the Case

Joseph Thomas and Charles W. Covert, St. Albans, for relator.

Bowles, Kauffelt, McDavid & Graff, Paul N. Bowles, Gary G. Markham and J. Thomas Lane, Charleston, for respondent McCartney.

John E. Carrigan, Wheeling, Oliver D. Kessel, Ripley, for respondent Moore.

Appeal Dismissed April 22, 1976. See 96 S.Ct. 1689.

NEELY, Justice:

This action in mandamus was brought to challenge the right of the respondent incumbent Governor to seek a third consecutive term as Chief Executive of this State. In November 1968 His Excellency the Governor of West Virginia, Arch A. Moore, Jr., was elected to his first term as Governor under W.Va.Const., Art. VII, § 4 which provided...

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