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STATE EX REL. BD. OF EDUC. v. McCUSKEY

No. 19611.

403 S.E.2d 17 (1991)

STATE of West Virginia ex rel. BOARD OF EDUCATION, COUNTY OF KANAWHA, etc., et al., Petitioners Below, Board of Education, County of Kanawha, Appellant, v. John F. McCUSKEY, Commissioner of Finance and Adm.; Glen B. Gainer, Jr., Auditor; Tom McNeil, State Superintendent of Schools.

Supreme Court of Appeals of West Virginia.

March 15, 1991.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Rebecca A. Baitty, Melissa M. Hambrick, Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for Kanawha County BOE.

Mario J. Palumbo, Atty. Gen., Jan L. Fox, Deputy Atty. Gen., Charleston, for John McCuskey, Glen G. Gainer, Jr., and Tom McNeil.

PER CURIAM:

The Board of Education of Kanawha County (Board) appeals from an order of the Circuit Court of Kanawha County, entered November 13, 1989, which reduced the Board's claim for attorney's fees from $44,104.31 to $18,275.00 and refused to award the $834.31 of expenses incurred by the Board during litigation. We reverse and remand the case for further proceedings consistent with this opinion.

On February 23, 1988, the Board filed a petition for a writ...

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