STATE EX REL. LAMBERT v. CTY. COM'N

No. 22371.

452 S.E.2d 906 (1994)

192 W.Va. 448

STATE of West Virginia ex rel. David F. LAMBERT, in his Official Capacity as Director of the West Virginia Public Employees Insurance Agency, Petitioner, v. The COUNTY COMMISSION OF BOONE COUNTY, et al., Respondents, The Cities and Towns of Ravenswood, Lewisburg, et al., Intervenors.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1994.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., Donald L. Darling, Sr. Deputy Atty. Gen., Charleston, for David P. Lambert.

Dennis R. Vaughan, Jr., Vaughan & Withrow, Charleston, for The County Com'n of Boone County, The County Com'n of Braxton County, The County Com'n of Kanawha County, The County Com'n of McDowell County, The County Com'n of Raleigh County, The Hurricane Water Bd., The Hurricane Sewer Bd., The City of Buckhannon, The City of Beckley, The Buckhannon Waste Collection Bd., The City of Summersville; and Intervenors. The Cities and Towns of Ravenswood, Lewisburg, Wellsburg, Grafton and Bridgeport.

J.W. Feuchtenberger, Stone, McGhee, Feuchtenberger & Barringer, Bluefield, for The City of Bluefield.

John F. McCuskey, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, for Prestera Center for Mental Health Services and Valley Comprehensive Health Center.

Edward M. Kowal, Jr., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for Green Acres Regional Center, Inc.


McHUGH, Justice:

The petitioner, David Lambert, who is the Director of the Public Employees Insurance Agency (hereinafter "PEIA"), is seeking a writ of mandamus to compel the respondents, who are various city or county government authorities or non-profit corporations, who have elected to not participate in PEIA,1 to contribute to the cost of coverage for their retired employees who have elected...

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