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STATE EX REL. ROBB v. CAPERTON

No. 22310.

446 S.E.2d 714 (1994)

191 W.Va. 492

STATE of West Virginia ex rel. Richard A. ROBB, Chairman, Kanawha County Republican Executive Committee, Relator, v. Honorable W. Gaston CAPERTON III, Governor, State of West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 8, 1994.

Attorney(s) appearing for the Case

John A.W. Lohmann, Brent Wolfingbarger, Lohmann & Wolfingbarger, Charleston, for relator.

Donald L. Darling, Sr. Deputy Atty. Gen., Charleston, for respondent.

MILLER, Justice:

In this original proceeding for a writ of mandamus, the relator, Richard A. Robb, Chairman of the Kanawha County Republican Executive Committee, seeks to have us compel the respondent, the Honorable W. Gaston Caperton III, Governor of the State of West Virginia, to issue a directive of election under Section 7 of Article VIII of the West Virginia Constitution. The relator states that a vacancy exists in the office of

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