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PITSENBARGER v. GAINER

No. 16223.

330 S.E.2d 840 (1985)

James E. PITSENBARGER, and Ronald R. Potesta, as Director of the Department of Natural Resources v. Glen B. GAINER, Jr., State Auditor.

Supreme Court of Appeals of West Virginia.

Decided June 3, 1985.

Attorney(s) appearing for the Case

Ricklin Brown, Bowles, McDavid, Graff & Love, Charleston, John E. Busch, Brown, Harner & Busch, Elkins, for petitioner.

Silas B. Taylor, Asst. Atty. Gen., Charleston, for respondent.

McGRAW, Justice:

Petitioners James E. Pitsenbarger and Ronald R. Potesta, as Director of the Department of Natural Resources, seek a writ of mandamus compelling payment by respondent State Auditor Glen B. Gainer, Jr., of legal fees and expenses incurred in Pitsenbarger's successful defense of a felony charge alleging embezzlement of state property in connection with his employment with the Department. This attempt follows the rejection of Pitsenbarger's similar effort...

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