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CRAIGO v. MARSHALL

Nos. 16613, 16614.

331 S.E.2d 510 (1985)

Robert Gary CRAIGO v. Fred MARSHALL, et al. David Lee CARR v. Honorable John HEY, Judge, etc.

Supreme Court of Appeals of West Virginia.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Victor A. Barone, Charleston, for petitioners.

Miles C. Cary, Charleston, for respondent Fred Marshall.

No appearance for respondent John Hey, Judge.

MILLER, Justice:

We have consolidated these cases because they involve the same legal issue of whether a prisoner may file a civil action without having a committee appointed. The petitioners, David Carr and Robert Craigo, are both serving sentences in excess of one year at the State penitentiary in Moundsville. In 1984, each of them filed a civil action in the Circuit Court of Kanawha County. Petitioner Carr's suit was a civil action against two residents of Kanawha...

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