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PAULEY v. GAINER

No. CC956.

353 S.E.2d 318 (1986)

Janet PAULEY, et al. v. Glen B. GAINER, Jr., et al., Defendants Below, The Hon. Arch A. Moore, Jr., Governor, Etc., Intervenor.

Supreme Court of Appeals of West Virginia.

Concurring Opinion March 19, 1986.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for appellants.

Charlie Brown, Atty. Gen., Silas B. Taylor, Deputy Atty. Gen., Charleston, for appellees.

MILLER, Chief Justice:

This appeal involves two certified questions. The first question is whether the Governor was an indispensable party to the underlying proceeding which sought to challenge the propriety of the Governor's line-item veto of seven million dollars in the 1985-86 fiscal year budget bill. The second question relates to the substantive issue, the propriety of the veto itself.

These issues arise in the context of pending litigation in which the...

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