GOE v. BROWNING

No. 15648.

296 S.E.2d 45 (1982)

Norval D. GOE, Executor, etc. v. Chauncey H. BROWNING, Jr., etc.

Supreme Court of Appeals of West Virginia.

September 23, 1982.


Attorney(s) appearing for the Case

Bowles, McDavid, Graff & Love and J. Thomas Lane, Charleston, for petitioner.

Chauncey H. Browning, Atty. Gen., Victor A. Barone, Deputy Atty. Gen., and S. Clark Woodroe, Asst. Atty. Gen., for respondent.


NEELY, Justice:

In this mandamus action the petitioner, Norval D. Goe, executor of the estate of William Robert Goe, seeks to compel the respondent, the Attorney General of the State of West Virginia, to represent William Goe's estate in a civil rights action brought under 42 U.S.C. § 1983. For the reasons set forth below, we believe the Attorney General has a clear legal duty to represent the estate and, therefore, we award the writ.

On 30 July 1980...

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