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STATE EX REL. DAILY MAIL PUB. CO. v. SMITH

Nos. 14158, 14180.

248 S.E.2d 269 (1978)

STATE ex rel. DAILY MAIL PUBLISHING CO., etc., et al. v. The Hon. Robert K. SMITH, Judge, etc., et al. Don MARSH, et al., The Daily Gazette Co., etc., et al. v. Hon. Robert K. SMITH, Judge, etc.

Supreme Court of Appeals of West Virginia.

Certiorari Granted November 13, 1978.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, F. Paul Chambers and Michael A. Albert, and W. Henry Jernigan, Jr., Charleston, for relators-Daily Mail Pub. Co., et al.

DiTrapano, Mitchell, Lawson & Field, Rudolph L. DiTrapano, E. Joseph Buffa, Jr. and Larry R. Ellis, Charleston, for relators-Don Marsh, et al.

Cletus B. Hanley, Pros. Atty., Kanawha County, Charleston, for respondents.

Paul Raymond Stone, Charleston, amicus curiae Juvenile Defender Attorney Program.

Certiorari Granted November 13, 1978. See 99 S.Ct. 448.

NEELY, Justice:

These two cases, which have been consolidated for decision, both present a conceptionally indisguisable permutation of a classic First Amendment, freedom-of-the-press issue concerning prior restraint on publication which the United States Supreme Court has addressed numerous times in the last ten years. These original jurisdiction proceedings seek to prohibit the respondent judges of the...

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