STATE EX REL. McCARTNEY v. NUZUM

Nos. 14220, 14221.

248 S.E.2d 318 (1978)

STATE ex rel. Beverly Ann McCARTNEY et al. v. Jack R. NUZUM, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided June 30, 1978.

Dissenting Opinion October 26, 1978.


Attorney(s) appearing for the Case

William W. Talbott, Talbott & Alsop, Webster Springs, for relators.

James A. Kent, Jr., Elkins, for respondents.


MILLER, Justice:

Petitioners Beverly Ann McCartney and Clyde L. Howell, the natural mother and father of Nadine McCartney, invoke the original jurisdiction of this Court in prohibition and mandamus to prevent the respondent circuit judge from proceeding to hear a child neglect petition and to require him to transfer custody of Nadine to the mother, Mrs. McCartney. We award the writs.

This case is a sequel to the case of McCartney v. Coberly, ___ W.Va...

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