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BAILEY v. TRUBY

Nos. 16155, 16140.

321 S.E.2d 302 (1984)

Penelope P. BAILEY, Wilma A. Beckett, George E. Lantz, William R. Leachman and Susan L. Lowther, individually and as members of the Wood County Board of Education v. Roy TRUBY, as State Superintendent of Schools and The West Virginia Board of Education, a corporation. Rodney A. MYLES, a person under the age of eighteen (18) years who sues by Ruth Ella Myles, his mother and next friend v. The BOARD OF EDUCATION OF the COUNTY OF KANAWHA, a corporation.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion September 26, 1984.

Attorney(s) appearing for the Case

George E. Lantz, David G. Palmer, Lantz, Rudolph & Palmer, Parkersburg, for petitioners in No. 16155.

Marianne K. Hoover, Asst. Atty. Gen., Charleston, for respondents in No. 16155.

Charles A. Riffee, II, Thomas & Riffee, St. Albans, for appellants in No. 16140.

John O. Kizer and Howard G. Salisbury, Jr., Love, Wise & Woodroe, Charleston, for appellee in No. 16140.

McGRAW, Justice:

These two actions, consolidated for decision and disposition, concern the validity of academic eligibility requirements for participation in nonacademic extracurricular activities. The first is a petition for a writ of mandamus by the Wood County Board of Education, and its individual members, seeking to compel the withdrawal of a rule promulgated by the State Board of Education that requires students to...

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