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STATE EX REL. STATE FARM FIRE v. MADDEN

Nos. 22350, 22351.

451 S.E.2d 721 (1994)

192 W.Va. 155

STATE ex rel. STATE FARM FIRE & CASUALTY COMPANY and Nancy S. Barry, Petitioners, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, West Virginia and Larry Thompson, Respondents. STATE ex rel. MID-OHIO RESTAURANTS, INC., d/b/a Wendy's Eastern Management Group and Wendy's International Inc., d/b/a Wendy's Old Fashioned Hamburgers Company, Petitioners, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, West Virginia and Larry Thompson, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 28, 1994.

Attorney(s) appearing for the Case

Landers P. Bonenberger, Michael G. Gallaway, McDermott, Bonenberger, McDermott & Gallaway, Wheeling, WV, for petitioner State Farm.

David A. Mohler, James W. Gabehart, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, WV, for petitioner Mid-Ohio.

Arthur M. Recht, Frank X. Duff, Sandra K. Law, Schrader, Recht, Byrd, Companion & Gurley, Wheeling, WV, for respondents.

NEELY, Justice:

This case arises from two separate petitions, one by State Farm Fire and Casualty Company and Nancy Barry, the other by Mid-Ohio Restaurants and Wendy's International Inc., both seeking writs of prohibition based on the same underlying facts.

State Farm Fire and Casualty Company ("State Farm") and Nancy Barry ask this Court to prohibit appellee Judge John T. Madden of the Circuit Court of Marshall...

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