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DePOND v. GAINER

No. 16902.

351 S.E.2d 358 (1986)

Gloria DePOND v. Honorable Glen B. GAINER, Jr., Auditor of West Virginia.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 16, 1986.

Concurring Opinion July 24, 1986.

Attorney(s) appearing for the Case

Larry Harless, Morgantown, for appellant.

Charlie Brown, Atty. Gen., Thomas N. Trent, Asst. Atty. Gen., Charleston, for appellee.

McGRAW, Justice:

The petitioner, Gloria DePond, widow of the late Honorable Frank J. DePond, Chief Judge of the Circuit Court of Monongalia County, seeks a writ of mandamus to compel respondent Glen B. Gainer, Jr., Auditor of the State of West Virginia, to "authorize and direct" the payment of her spousal annuity under West Virginia Code § 51-9-6b (1981 Replacement Vol.). The West Virginia Judicial Association, as amicus curiae, emphasizes the importance of the...

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