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STATE EX REL. AYERS v. CLINE

No. 16911.

342 S.E.2d 89 (1985)

STATE of West Virginia ex rel. Ernest F. AYERS, Joe Adams and E.M. Cool, as Members of the County Commission of Webster County, Martha Dean, as Superintendent of the Webster County Schools; Harold B. Carpenter, Charles B. Cool, Sue Talbott, William R. Armentrout and Ken Johnson, as Members of the Board of Education of Webster County; and Caroline S. Clayton, as Sheriff of Webster County, West Virginia v. The Honorable Danny O. CLINE, as Judge of the Fourteenth Judicial Circuit, and East Kentucky Energy Company.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion April 4, 1986.

Attorney(s) appearing for the Case

Jack Alsop, Pros. Atty., Webster Springs, for appellants.

Callaghan & Ruckman, Richwood, for East Kentucky Energy.

McHUGH, Justice:

In this prohibition proceeding the petitioners, who are members of the County Commission of Webster County, West Virginia, members of the Board of Education of Webster County, the Superintendent of Schools for that County, and the Sheriff of that County, seek a writ from this Court prohibiting the Circuit Court of Webster County, one of the respondents [hereinafter "the circuit court"], from enforcing its injunction against the sale, for nonpayment...

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