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STATE EX REL. BD. OF EDUC. v. CASEY

No. 16796.

349 S.E.2d 436 (1986)

STATE ex rel. the BOARD of EDUCATION OF the COUNTY OF KANAWHA v. The Honorable Patrick CASEY, as Judge of the Circuit Court of Kanawha County, West Virginia, and, David P. Gillispie.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 8, 1986.

Attorney(s) appearing for the Case

John O. Kizer, Love, Wise & Woodroe, Charleston, for petitioner.

J. David Cecil, Cecil, Barth & Thompson, Charleston, for respondent.

McGRAW, Justice:

The petitioner, the Board of Education of Kanawha County, seeks a writ of prohibition against enforcement of an order by respondent judge, the Honorable Patrick Casey of the Circuit Court of Kanawha County, which mandated that the petitioner place respondent David P. Gillispie in the secondary principalship occupied by the least secondary principal in Kanawha County, contending that the respondent judge exceeded his authority by entry of this order...

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