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POWERS v. GOODWIN

No. 16291.

324 S.E.2d 701 (1984)

Cecil POWERS, et al. v. James R. GOODWIN, et al., Dfts. Below, Ed Cooke and James W. Armstrong, Appellants, County Commissioners' Assoc. of W.Va., W.Va. Assoc. of County and Circuit Clerks, W.Va. Assessors Association, Interveners.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion September 25, 1984.

Attorney(s) appearing for the Case

William L. Jacobs, Parkersburg, for appellees.

Peter A. Hendricks, Madison, for appellants.

John S. Sibray, Charleston, for County Com'rs' Ass'n of W.Va., W.Va. Ass'n of County and Circuit Clerks and W.Va. Assessors Ass'n.

MILLER, Justice:

This is a second appeal in connection with removal proceedings under W.Va. Code, 11-8-31, and W.Va.Code, 6-6-7, brought against Ed Cooke and James Armstrong, two Boone County Commissioners, who had voted to reimburse legal fees incurred by James Goodwin, the third Boone County Commissioner. In the first appeal, Powers v. Goodwin, W.Va., 291 S.E.2d 466 (1982), we established the law of the case and reversed...

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