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STATE EX REL. COHEN v. MANCHIN

No. 16474.

336 S.E.2d 171 (1984)

STATE of West Virginia ex rel. Robert F. COHEN, Jr. v. A. James MANCHIN, Secretary of State of the State of West Virginia, William T. Brotherton, Jr., Candidate for the office of Justice of the Supreme Court of Appeals of West Virginia, and Joseph P. Condry, Financial Agent for William T. Brotherton, Jr.

Supreme Court of Appeals of West Virginia.

Concurring in Part and Dissenting in Part July 12, 1985.

Dissenting Opinion October 2, 1985.

Attorney(s) appearing for the Case

Rebecca Baitty, Charleston, for Relator.

George Bailey, Charleston, for Manchin.

William T. Brotherton III, Charleston, for Brotherton.

MILLER, Justice:

In this mandamus proceeding, we were asked to direct A. James Manchin, the Secretary of State of the State of West Virginia, not to certify William T. Brotherton, Jr., on the November 1984 general election ballot as a candidate for the office of Justice of the Supreme Court of Appeals of West Virginia. The relator, Robert F. Cohen, Jr., is a citizen, taxpayer and legally qualified voter of the State of...

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