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  5. 259 S.E.2d 417 (1979)
 

STATE EX REL. BD. OF ED., ETC. v. SPILLERS

No. 14574.

259 S.E.2d 417 (1979)

STATE ex rel. the BOARD OF EDUCATION OF the COUNTY OF OHIO, etc. v. George L. SPILLERS, Judge, etc.

Supreme Court of Appeals of West Virginia.

November 5, 1979.

Attorney(s) appearing for the Case

Preiser & Wilson, Stanley E. Preiser, Ted M. Kanner, Charleston, McCamic & McCamic, Jeremy McCamic, Wheeling, for relator.

Landers P. Bonenberger, Asst. Pros. Atty., Wheeling, for respondent.

PER CURIAM:

This is an original proceeding in mandamus. This Court issued a rule in mandamus on July 3, 1979. On September 6, 1979, the Court granted petitions to intervene, making the defendants below intervenors in this proceeding. The case matured for decision on October 2, 1979.

On October 4, 1976, relator filed suit in the Circuit Court of Ohio County alleging negligence and breach of implied and express contractual warranties relating to site preparation...

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