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STATE EX REL. PERRY v. MILLER

No. 15655.

300 S.E.2d 622 (1983)

STATE ex rel. Jack PERRY v. Walter N. MILLER, Dir., W.Va. Dept. of Mines, et al.

Supreme Court of Appeals of West Virginia.

January 28, 1983.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for relator.

Keith Huffman, Asst. Atty. Gen., James F. Wallington, Sp. Asst. Atty. Gen., W.Va. Dept. of Mines, Charleston, for respondents.

David L. Stuart, Preiser & Wilson, Charleston, Seldon S. McNeer, Jr., Campbell, Woods, Bagley, Emerson, McNeed & Herndon, Huntington, Steven C. Hanley, John R. Hoblitzell, Kay, Casto & Chaney, Arthur T. Ciccarello, Lewis, Ciccarello, Masinter & Friedbert, Charleston, for intervenors.

MILLER, Justice:

In this original mandamus proceeding, the relator Jack Perry, as a member of the Board of Appeals for the West Virginia Department of Mines, seeks to compel the Director of the Department of Mines to temporarily suspend five certified mining employees pending the outcome of a formal hearing pursuant to the procedures set out in W.Va.Code, 22-1-30.

The underlying facts arise out of a mine disaster in which five miners employed by Westmoreland...

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