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STATE EX REL. DOT v. SOMMERVILLE

No. 20324.

412 S.E.2d 269 (1991)

STATE of West Virginia ex rel. DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, an Agency of the State of West Virginia, and David L. George, a Member of an Official Weighing Crew Designated by the Commissioner of Highways, Petitioners, v. Honorable A.L. SOMMERVILLE, Jr., Judge of the Circuit Court of Webster County; Thomas Arthur Grimes; and Melvin Cox, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Anthony G. Halkias, Robert F. Bible, West Virginia Div. of Highways, Charleston, Ernest V. Morton, Jr., Webster County Prosecutor's Office, Webster Springs, for petitioners.

John M. Hedges, Charleston, for respondent, Judge Sommerville.

William W. Talbott, Webster Springs, for respondents, Arthur Grimes and Melvin Cox.

McHUGH, Justice:

This original proceeding is before the Court upon a petition for a writ of prohibition sought by the West Virginia Department of Transportation, the Division of Highways (a division of the Department of Transportation), and David George, a member of a Division of Highways weighing crew. The respondents are A.L. Sommerville, Judge of the Circuit Court of Webster County, Arthur Grimes, and Melvin Cox.

I

On March 29, 1991, a truck driven...

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