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STATE EX REL. W. VA. MAGISTRATES v. GAINER

No. 16511.

332 S.E.2d 814 (1985)

STATE ex rel. the WEST VIRGINIA MAGISTRATES ASSOCIATION v. Glen B. GAINER, Jr., Auditor, etc., and Paul Crabtree, Adm. Dir., etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 10, 1985.

Attorney(s) appearing for the Case

William L. Jacobs, Parkersburg, for relator.

J. Bradley Russell, Asst. Atty. Gen., Charleston, for respondents Governor, Auditor and Attorney General.

Mike Kelly, Charleston, for respondent Paul Crabtree.

John R. Homburg and Richard Adkins, Charleston, for respondents President, State Senate and Speaker, House of Delegates.

NEELY, Chief Justice:

Today we revisit one of the issues raised but not decided in Donaldson v. Gainer, ___ W.Va. ___, 294 S.E.2d 103 (1982). In syllabus point 4 of Donaldson, we held that equal protection requires that magistrates receive equal pay for equal work, but we declined to declare the current pay system for magistrates (which is based on the number of people a magistrate serves) unconstitutional in Donaldson...

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