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STATE EX REL. McGRAW v. ZAKAIB

No. 22235.

451 S.E.2d 761 (1994)

192 W.Va. 195

STATE of West Virginia, ex rel. Darrell V. McGRAW, Jr., Attorney General of West Virginia, Petitioner, v. The Honorable Paul ZAKAIB, Jr., Judge of the Circuit Court of Kanawha County, and Fahlgren Martin, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1994.

Attorney(s) appearing for the Case

Darrell V. McGraw, Atty. Gen., Silas Taylor, Sr. Deputy Atty. Gen., Charleston, for petitioner.

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

NEELY, Justice:

This case's central question concerns whether the Honorable Darrell V. McGraw, Attorney General of West Virginia, should pay the costs and attorneys' fees that Fahlgren Martin, Inc. incurred during a mandamus action in which the Attorney General was ultimately ordered by this Court to approve as to form a proposed contract to provide advertising services for the State Lottery. See State ex rel. Fahlgren Martin, Inc. v. McGraw,

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