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TRUBY v. BROADWATER

No. 16658.

332 S.E.2d 284 (1985)

Dr. Roy TRUBY, as State Superintendent of Schools, and The West Virginia Board of Education v. The Honorable W. Craig BROADWATER, Judge, etc., Chance Taylor, a Person Under the Age of 18 Years, etc., and The Ohio County Board of Education, a Corp.

Supreme Court of Appeals of West Virginia.

July 9, 1985.

Attorney(s) appearing for the Case

J. Bradley Russell, Asst. Atty. Gen., Brentz Thompson, Sp. Asst. Atty. Gen., Charleston, for appellant.

McCamic & McCamic, Jeremy C. McCamic, Wheeling, for Bd. of Education.

James G. Bordas, Jr., Wheeling, for Chance Taylor.

McGRAW, Justice:

The petitioners, Dr. Roy Truby, State Superintendent of Schools, and the West Virginia State Board of Education, seek a writ of prohibition against the Circuit Court of Ohio County prohibiting enforcement of an injunction issued restraining implementation of the State Board's "C-average policy," which was upheld as constitutional by this Court in Bailey v. Truby, 321 S.E.2d 302 (W.Va.1984). Following a brief...

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