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SMITH v. MAYNARD

No. 20444.

412 S.E.2d 822 (1991)

Roy M. SMITH, Commissioner, State of West Virginia Division of Labor, Petitioner, v. Honorable Elliott E. MAYNARD, Judge of the Circuit Court of Mingo County, and the Matewan National Bank, a National Banking Association, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Chris Quasebarth, Asst. Atty. Gen., Charleston, for relator.

J. Patrick Jones, Nicholas Reynolds, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for respondent Matewan Nat. Bank.

PER CURIAM:

The relator, Roy M. Smith, the Commissioner of the West Virginia Division of Labor, named as the defendant in a declaratory judgment action in the Circuit Court of Mingo County, contends that venue is improper in Mingo County and seeks a writ of prohibition against the respondent, the Honorable Elliott E. Maynard, Judge of the Circuit Court of Mingo County, prohibiting further proceedings in this matter.

I.

On April 17, 1991, the Matewan...

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