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STATE EX REL. MILLER v. SENCINDIVER

Nos. 15380, 15381.

294 S.E.2d 90 (1982)

STATE of West Virginia, ex rel., Shirley A. MILLER, Daniel F. Vincent, Thomas A. Durboraw, and Mark Lamar v. Honorable Vance E. SENCINDIVER, Judge of the Circuit Court of Berkeley County, West Virginia. and Shirley A. MILLER, Daniel F. Vincent, Thomas A. Durboraw, and Mark L. Lamar, Individually and on Behalf of all Others Similarly Situated v. Lyle CATLETT, Sheriff of Berkeley County, and John Wright, Harold A. Downey, and Robert Burkhart, County Commissioners of Berkeley County, Individually and in Their Official Capacities.

Supreme Court of Appeals of West Virginia.

June 25, 1982.

Attorney(s) appearing for the Case

William T. Wertman, Jr., Martinsburg, for relators and appellants.

Patrick G. Henry, III, Asst. Pros. Atty., Berkeley County, Martinsburg, for respondents and appellees.

PER CURIAM:

The appeal in Case No. 15381 is from a final order of the Circuit Court of Berkeley County denying appellants permission to proceed as a class action under Rule 23 of the West Virginia Rules of Civil Procedure.1 Appellants contend that even though they ceased to be members of the class which they sought to represent after the filing of the complaint, they are not barred from continuing...

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