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NELSON v. W. VA. PUBLIC EMPLOYEES INS. BD.

No. 15468.

300 S.E.2d 86 (1982)

Robert R. NELSON, et al. v. The WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE BOARD, et al.

Supreme Court of Appeals of West Virginia.

Concurring Opinion January 20, 1983.

Attorney(s) appearing for the Case

Marjorie Martorella, Huntington, for petitioners.

Chauncey H. Browning, Atty. Gen. and Thomas Trent, Asst. Atty. Gen., Charleston, for respondents.

McGRAW, Justice:

This is an original proceeding in mandamus. The petitioners are Robert Nelson, Kathleen Via and Leoda Fortney. Petitioner Nelson is a member of the Senate of West Virginia and the chairman of the Senate Committee on Banking and Insurance. Petitioners Via and Fortney are surviving spouses of former employees of the State of West Virginia and its political subdivisions. The respondents are the West Virginia Public Employees Insurance Board, a body created...

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