CONTRACTORS ASS'N v. WEST VIRGINIA DPS

No. 21519.

434 S.E.2d 357 (1993)

189 W.Va. 685

CONTRACTORS ASSOCIATION OF WEST VIRGINIA, a West Virginia Corporation, and the Flexible Pavements Council of West Virginia, an Unincorporated Association, Plaintiffs Below, Appellees, v. WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF PUBLIC SAFETY; J.R. Buckalew, Superintendent of West Virginia Department of Public Safety; West Virginia Department of Transportation, Division of Motor Vehicles; and Jane Cline, Commissioner of the West Virginia Department of Transportation, Division of Motor Vehicles, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided March 25, 1993.

Brotherton, Justice Dissenting August 23, 1993.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., Silas B. Taylor, Sr. Deputy Atty. Gen., Charleston, for appellants.

John Philip Melick, Thomas E. Potter, Jackson & Kelly, Charleston, for appellees.


McHUGH, Justice:

This case is before the Court upon the appeal of the West Virginia Department of Public Safety, Division of Public Safety; J.R. Buckalew, Superintendent of the West Virginia Department of Public Safety, Division of Public Safety; West Virginia Department of Transportation, Division of Motor Vehicles; and Jane Cline, Commissioner of the West Virginia Department of Transportation, Division of Motor Vehicles...

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