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STATE EX REL. PHILYAW v. WILLIAMS

No. 21854.

438 S.E.2d 64 (1993)

190 W.Va. 272

STATE of West Virginia ex rel. Ted PHILYAW, Administrative Director of the Courts, Petitioner, v. Terri R. WILLIAMS, Court Reporter for the Ninth Judicial Circuit, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 24, 1993.

Attorney(s) appearing for the Case

Thomas J. McQuain, Jr., Sr. Staff Atty., for petitioner.

Terri R. Williams, pro se.

PER CURIAM:

This is an original proceeding in mandamus to compel the respondent, Terri R. Williams, a court reporter, to produce a transcript of the testimony in a civil case conducted in the Circuit Court of Mercer County. The respondent asserts that her reporter's notes have been lost and she cannot, therefore, produce such transcript. Because issuance of the writ of mandamus would be futile in such circumstances, we deny the relief prayed for in the petition. We...

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