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STATE EX REL. FAHLGREN MARTIN v. McGRAW

No. 21820.

438 S.E.2d 338 (1993)

190 W.Va. 306

STATE of West Virginia ex rel. FAHLGREN MARTIN, INC., Petitioner Below, Appellee, v. Darrell V. McGRAW, Jr., Attorney General of the State of West Virginia, Respondent Below, Appellant, Chuck Polan, Secretary of the Department of Administration of the State of West Virginia; and Ron Riley, Director of the Purchasing Division of the Department of Administration of the State of West Virginia, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Silas B. Taylor, Deputy Atty. Gen., Charleston, for appellant.

Larry A. Winter, David D. Johnson, III, Spilman, Thomas & Battle, Charleston, for appellee, Fahlgren Martin, Inc.

Clarence E. Hall, II, Pros. Atty. of Boone County, Sp. Atty. Gen. of State of WV, Madison, and Richard M. Riffe, Asst. Pros. Atty. of Boone County, Madison, and Diana Stout, Gen. Counsel to the Dept. of Admin. of State of WV, Charleston, for appellees, Chuck polan and Ron Riley.

BROTHERTON, Justice:

This case is before the Court on the petition of the appellant, Attorney General Darrell McGraw, in which he submits that the writ of mandamus granted by the Circuit Court of Kanawha County on June 14, 1993, should be overturned. This case revolves around the bidding process for the advertising and related services contract for the West Virginia Lottery during 1993. Also at issue, although indirectly...

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