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MOORE v. STARCHER

Nos. 15221, 15222.

280 S.E.2d 693 (1981)

Garland H. MOORE, Jr., Charles B. Clendening, Jr., Henry M. Snyder, Jr., Gary L. Phalen and Robert D. Ott, as Members of the Jefferson County Commission, a Corporation, v. Larry V. STARCHER, Special Judge of the Circuit Court of Jefferson County, West Virginia. STATE of West Virginia ex rel. Braun A. HAMSTEAD, Prosecuting Attorney of Jefferson County, West Virginia, v. Andrew G. FUSCO and Thomas H. Newbraugh, Special Prosecutors of Jefferson County, West Virginia; Larry V. Starcher, Special Judge of the Circuit Court of Jefferson County, West Virginia; Alvie Qualls, Special Magistrate of the Magistrate Court of Jefferson County.

Supreme Court of Appeals of West Virginia.

July 24, 1981.

Attorney(s) appearing for the Case

Braun A. Hamstead, Pros. Atty., Jefferson County, Morgantown, for petitioners and relator.

Andrew G. Fusco, Sp. Prosecutor, Jefferson County, Charles Town, for respondents.

McGRAW, Justice:

These two cases have been consolidated for decision. We will consider the cases in inverse order, for as we speak to petitioner Hamstead, we lay the foundation for addressing the concerns of the County Commission. In Hamstead's case, Braun Hamstead, Prosecuting Attorney of Jefferson County, seeks a writ of prohibition to prevent the respondents, Special Prosecutors Andrew Fusco and Thomas Newbraugh, from proceeding with certain misdemeanor actions...

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