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COUNTY COM'N OF MERCER COUNTY v. DODRILL

No. 18867.

385 S.E.2d 248 (1989)

The COUNTY COMMISSION OF MERCER COUNTY v. A.V. DODRILL, Commissioner, Department of Corrections.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion of Justice Workman April 26, 1989.

Attorney(s) appearing for the Case

Edwin B. Wiley, Princeton, for Mercer Co. Com'n.

Dana Davis, Atty. General's Office, Charleston, for Dodrill.

McHUGH, Justice:

In this original proceeding, the petitioner, the Mercer County Commission, seeks a writ of mandamus to be awarded against the respondent, A.V. Dodrill, then Commissioner of the Department of Corrections, to show cause why the respondent should not be compelled to take immediate custody of all prisoners lawfully sentenced to the West Virginia Penitentiary that are currently in the Mercer County Jail or held for Mercer County in the Wyoming County Jail...

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