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STATE EX REL. MOODY v. GAINER

No. 18450.

377 S.E.2d 648 (1988)

STATE of West Virginia ex rel. James D. MOODY and Sharon Seckman v. Glen B. GAINER, Auditor, and Paul Crabtree, Administrative Director of the Supreme Court of Appeals.

Supreme Court of Appeals of West Virginia.

December 9, 1988.

Attorney(s) appearing for the Case

James T. Kratovil, Kratovil & Kratovil, Weston, for petitioners.

Bowles, McDavid, Graff & Love, Charleston, for Crabtree.

BROTHERTON, Justice:

This proceeding in mandamus was filed by the magistrates from Lewis County alleging that the statute which sets their salaries, W.Va.Code § 50-1-3, violates the Equal Protection principles of both the United States and West Virginia Constitutions. West Virginia Code § 50-1-3 (1988) provides that magistrates serving populations of 10,000 or less be paid a salary of $19,000, while magistrates serving 10,000 to less than 15,000 in...

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