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W. VA. EDUC. ASS'N v. LEGISLATURE

No. 17950.

369 S.E.2d 454 (1988)

The WEST VIRGINIA EDUCATION ASSOCIATION, etc.; Thomas J. Vogel, as President of the WVEA, and as a Citizen and Taxpayer of the State of West Virginia v. The LEGISLATURE OF the STATE OF WEST VIRGINIA; Robert C. Chambers, as Speaker of the House of Delegates, etc.; Dan Tonkovich, as President of the Senate, etc.; and Arch A. Moore, Jr., Governor of the State of West Virginia.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 7, 1988.

Rehearing Filed April 25, 1988.

Refused May 18, 1988.

Attorney(s) appearing for the Case

William B. McGinley, W.V.E.A., Charleston, for WVEA etc. Thomas J. Vogel.

Charles G. Brown, Atty. Gen., Silas B. Taylor, Deputy Atty. Gen., J. Bradley Russell, Asst. Atty. Gen., for Leg. Chambers & Tonkovich.

Marianne K. Stonestreet, Deputy Atty. Gen., Paul Richard Hull, Sr., Asst. Atty. Gen., Charleston, for Governor.

McGRAW, Justice:

In this mandamus proceeding, the West Virginia Education Association (WVEA) challenges as unconstitutional the cuts in state expenditures for education made in the fiscal year 1987-88 state budget. The WVEA seeks writs of mandamus requiring the Governor to call a special session of the Legislature and requiring the Legislature to supplement the budgetary appropriation for education, or such other relief as this Court deems appropriate. Having considered...

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