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SPRADLING v. HUTCHINSON

No. 13685.

253 S.E.2d 371 (1979)

R. W. SPRADLING, etc., et al. v. John G. HUTCHINSON, etc., et al., Police Civil Service Commission.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 19, 1979.

Attorney(s) appearing for the Case

Catsonis & Linkous, Leo Catsonis and Thomas L. Linkous, Charleston, for appellants.

Jackson, Kelly, Holt & O'Farrell and W. W. Upton, Bowles, McDavid, Graff & Love and F. T. Graff, Jr., Charleston, for appellees.

HARSHBARGER, Justice:

Thirteen applicants were selected by the Police Civil Service Commission for the City of Charleston for final appointment to the Charleston Police Department and were to be sworn in November 4, 1974. But on November 1 the Fraternal Order of Police petitioned for an injunction against their induction. A temporary injunction was issued but then, after hearings, permanent injunction was refused by the Kanawha County Circuit Court.

The Fraternal...

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