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OHIO VALLEY CONTRACTORS v. BOARD OF ED., ETC.

Nos. 14907, 15249.

293 S.E.2d 437 (1982)

OHIO VALLEY CONTRACTORS v. The BOARD OF EDUCATION OF WETZEL COUNTY, Joseph H. Baker & Associates, Etc. Earl Leroy WHITLOCK v. Barry S. JACKSON, et al., and the Board of Education of Kanawha County, West Virginia.

Supreme Court of Appeals of West Virginia.

Rehearing Denied May 27, 1982.

Attorney(s) appearing for the Case

Orville L. Hardman, William B. Richardson, Jr., Parkersburg, for Ohio Valley Contractors.

Smith & Rowe and Larry L. Rowe, Charleston, for Whitlock.

Brennan & Francis and J. S. Francis, New Martinsville, for Bd. of Ed., Wetzel County.

Love, Wise, Robinson & Woodroe, Jo Walton Eaton and John O. Kizer, Charleston, for Jackson, et al.

HARSHBARGER, Justice:

We have consolidated these cases because they require that we reexamine our conclusion in Boggs v. Board of Education of Clay County, W.Va., 244 S.E.2d 799 (1978), that county boards of education are entitled to the constitutional immunity from suit provided to the State in W.Va.Const. art. VI, § 35. Ohio Valley Contractors is a contract claim and Whitlock...

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