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STATE EX REL. W. VA. TRUCK STOPS v. McHUGH

No. 13770.

233 S.E.2d 729 (1977)

STATE ex rel. WEST VIRGINIA TRUCK STOPS, INC., a corporation v. T. McHUGH, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

April 5, 1977.

Attorney(s) appearing for the Case

Lewis, Ciccarello, Masinter & Friedberg, Martin J. Glasser, Charleston, for relator.

Kay, Casto & Chaney, Michael T. Chaney and John S. Haight, Charleston, for respondents.

CAPLAN, Chief Justice:

In this proceeding in prohibition the relator, West Virginia Truck Stops, Inc., invokes the original jurisdiction of this Court, seeking to prohibit the respondents, Thomas McHugh, Judge of the Circuit Court of Kanawha County and others, from proceeding with the prosecution of an action instituted in that court by respondent Paul E. Grimm, d/b/a Grimm Construction Company, against the relator. When the trial court overruled Truck Stops' motion...

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