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CRAIN v. BORDENKIRCHER

No. 16646.

420 S.E.2d 732 (1992)

187 W.Va. 596

Robert Carl CRAIN, et al., Appellants, v. Donald E. BORDENKIRCHER, Warden, West Virginia Penitentiary, et al., Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 25, 1992.

Attorney(s) appearing for the Case

James F. Companion, William D. Wilmoth, Barbara L. Baxter, Schrader, Byrd, Byrum and Companion, Wheeling, for appellants.

Mario J. Palumbo, Atty. Gen., Rita Stuart, Asst. Atty. Gen., Charleston, for appellees.

NEELY, Judge:

On 2 June 1992, as part of the on-going requirement to inform this Court concerning the construction of and transition to a new penitentiary (Crain v. Bordenkircher, 181 W.Va. 231, 233, 382 S.E.2d 68, 70 (1989) (Crain IV)), the Court heard a status report. In addition to providing information, the respondents also requested that we modify our order dated 30 November 1988

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