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HODGE v. GINSBERG

No. 15776.

303 S.E.2d 245 (1983)

Tracy HODGE, et al., etc. v. Leon GINSBERG, Commr., W.Va. Dept. of Welfare.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion January 28, 1983.

Attorney(s) appearing for the Case

Larry Harless, Charleston, for petitioners.

Chauncey H. Browning, Atty. Gen., Mary Beth Kershner and Joanna Bowls-Vickers, Asst. Attys. Gen., Charleston, for respondent.

McGRAW, Chief Justice:

This is an original proceeding in mandamus. The petitioners are six homeless residents of the City of Charleston.1 The respondent is Leon Ginsberg, Commissioner of the West Virginia Department of Welfare. The petitioners seek to compel the respondent to provide adult protective services to incapacitated individuals such as themselves and others similarly situated. We find...

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