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DAILY GAZETTE CO., INC. v. CANADY

No. 16581.

332 S.E.2d 262 (1985)

The DAILY GAZETTE COMPANY, INC. v. The Honorable Herman G. CANADY, Judge, and Joseph C. Cometti.

Supreme Court of Appeals of West Virginia.

Decided June 27, 1985.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano & Rebecca A. Baitty, Charleston, for petitioner.

Joseph C. Cometti, Charleston, for respondents.

McGRAW, Justice:

The petitioner, The Daily Gazette Co., Inc. seeks a writ of mandamus compelling reconsideration of its motion for attorney fees by respondent Judge Herman G. Canady of the Thirteenth Judicial Circuit sought in connection with the dismissal of a defamation action filed by respondent attorney Joseph C. Cometti. Although the respondent judge rejected this request for an award of attorney fees based upon his perception of an absence of authority, the...

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