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McGRAW v. CAPERTON

No. 22011.

446 S.E.2d 921 (1994)

191 W.Va. 528

Darrell V. McGRAW, Jr., in his official capacity as Atty. Gen. of West Virginia, Appellant, v. The Honorable Gaston CAPERTON, in his official capacity as Governor of the State of West Virginia; Ron Riley, in his official capacity as Director of the Purchasing Division, Department of Administration of the State of West Virginia; and Chuck Polan, in his official capacity as Secretary of the Department of Administration of the State of West Virginia, Appellees, Dr. Henry Marockie, State Superintendent of Schools; and the West Virginia Department of Education, Intervenors Below, Appellees.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 6, 1994.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Frances A. Hughes, Managing Deputy Atty. Gen., and Katherine A. Schultz, Sr. Deputy Atty. Gen. and Katherine L. Dooley, Asst. Atty. Gen., Charleston, for appellant.

Diana Stout, Sp. Asst. Atty. Gen., and Daniel R. Schuda, Jan L. Fox, Steptoe & Johnson, Charleston, for appellees, Caperton, Riley and Polan.

Victor A. Barone, Charleston, for appellee, Marockie.

BROTHERTON, Chief Justice:

On July 25, 1993, the Attorney General filed a declaratory judgment action against Governor Gaston Caperton, Ron Riley, the Director of the Purchasing Division of the Department of Administration, and Chuck Polan, the Secretary of the Department of Administration, the appellees in this case, and Henry Marockie, State Superintendent of Schools, and the West Virginia Department of Education, as...

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