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STATE EX REL. DURKIN v. NEELY

No. 14503.

276 S.E.2d 311 (1981)

STATE of West Virginia ex rel. John J. DURKIN et al. v. Mary L. NEELY, Clerk, etc. v. George MALOTT, Mayor, et al., Intervenors.

Supreme Court of Appeals of West Virginia.

March 17, 1981.

Attorney(s) appearing for the Case

Wood, Grimm & Delp and John F. Wood, Jr., Huntington, for plaintiff in error.

Charles F. Albright, Huntington, for defendant in error.

Marshall & St. Clair and William D. Levine, Huntington, for intervenors.

McHUGH, Justice:

This is a petition for an appeal by the relators, John J. Durkin, et al., citizens and taxpayers of the City of Huntington, West Virginia, from a final order of the Circuit Court of Cabell County, entered October 5, 1978, refusing to issue a writ of mandamus to require the respondent, Mary L. Neely, Clerk of the City of Huntington, to certify the sufficiency of a petition to recall certain members of the City Council of Huntington.

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