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STATE EX REL. GINSBERG v. NAUM

No. 16115.

318 S.E.2d 454 (1984)

STATE ex rel. Leon H. GINSBERG, Commr, Dept. of Human Services v. Dennis M. NAUM, P.A. of Ohio County.

Supreme Court of Appeals of West Virginia.

July 11, 1984.

Attorney(s) appearing for the Case

Michael C. Smith, Sp. Asst. Atty. Gen., Dept. of Human Services, Charleston, for appellant.

Robert Fitzsimmons, Wheeling, for appellee.

HARSHBARGER, Justice:

Department of Human Services Commissioner Ginsberg petitioned this Court to mandamus Ohio County Prosecuting Attorney Dennis Naum, to prosecute cases of welfare fraud, violations of W.Va.Code, 9-5-4,* brought to Naum's attention in detailed reports submitted by the department's investigators.

The investigators had given Naum twenty-one completed reports. He presented the first case to a grand jury, but the...

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