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STATE v. BAILEY

No. 22167.

453 S.E.2d 368 (1994)

192 W.Va. 534

STATE of West Virginia ex rel. BOARD OF EDUCATION FOR the COUNTY OF RANDOLPH, Petitioner Below, Appellant v. Larrie BAILEY, Treasurer of the State of West Virginia; Glen B. Gainer, Auditor of the State of West Virginia; West Virginia Board of Education; and Henry R. Marockie, State Superintendent of Schools, Respondent Below, Appellees. The Board of Education of Upshur County, Intervenor Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1994.

Attorney(s) appearing for the Case

Harry M. Rubenstein, Elma M. Reed, Kay, Casto, Chaney, Love & Wise Morgantown, and John O. Kizer, Kay, Casto, Chaney, Love & Wise Charleston, for appellants.

Darrell V. McGraw, Atty. Gen. and Victor Barone, Sp. Asst. Atty. Gen., Charleston, for West Virginia Bd. of Educ. and Henry R. Marockie.

Darrell V. McGraw, Atty. Gen. and Silas B. Taylor, Senior Deputy Atty. Gen., Charleston, for Thomas E. Loehr, Larry Bailey, Treasurer and Glen B. Gainer, Jr., Auditor.

NEELY, Justice:

The Board of Education of Randolph County ("Randolph County Board") and the Board of Education of Upshur County ("Upshur County Board") appeal from the 20 September 1993 Order of the Circuit Court of Kanawha County denying their request to declare W.Va.Code 18A-4-5, as amended in 1988, unconstitutional. W.Va.Code 18A-4-5 [1988] was passed to assist the State in achieving salary equity among the teachers and service personnel of all counties...

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