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STATE EX REL. TUCK v. COLE

No. 18200.

386 S.E.2d 835 (1989)

STATE of West Virginia ex rel. Howard TUCK v. Thomas W. COLE, Chancellor of the West Virginia Board of Regents; the West Virginia Board of Regents; James W. Rowley, President of West Virginia College of Graduate Studies; and William Crockett.

Supreme Court of Appeals of West Virginia.

October 19, 1989.

Attorney(s) appearing for the Case

Bruce Walker, Atty. Gen's. Office, Charleston, for Thomas W. Cole, etc.

Marvin W. Masters, Masters & Taylor, Charleston, for State of W.Va. ex rel. Howard Tuck.

NEELY, Justice:

Howard K. Tuck, Ph.D., the petitioner below, was relieved of his staff position at the West Virginia College of Graduate Studies in 1982. On 23 December 1982, he sought a writ of mandamus against the officers of the College and the state Board of Regents, claiming that he was denied due process of law when the respondents failed to renew his contract and denied him a hearing on the matter. The Circuit Court of Kanawha County found in Dr. Tuck's favor...

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