STATE EX REL. UNDERWOOD v. SILVERSTEIN

No. 15141.

278 S.E.2d 886 (1981)

STATE ex rel. Leonard I. UNDERWOOD, Relator, v. Robert F. SILVERSTEIN, et al., The County Commission of Kanawha County, et al., Respondents, John M. Wells, Sr., Party Respondent.

Supreme Court of Appeals of West Virginia.

June 9, 1981.


Attorney(s) appearing for the Case

Andrew J. Goodwin, Charleston, for relator.

Raymond G. Dodson, Charleston, for respondents Silverstein, et al., County Commission of Kanawha County, et al.

John M. Wells, Sr., Jackson, Kelly, Holt & O'Farrell, Thomas E. Potter and James R. Snyder, Charnock & White and John N. Charnock, Charleston, for party respondent.


MILLER, Justice:

On February 17, 1981, the relator, Leonard I. Underwood, filed an original Petition in Mandamus in this Court requesting that the respondents, the County Commissioners of Kanawha County and the West Virginia Secretary of State, be compelled to conduct a recount of the ballots cast in the House of Delegates election held on November 4, 1980. We issued a rule to show cause returnable on May 12, 1981.

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