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BECKLEY v. KIRK

Nos. 22242, 22471.

455 S.E.2d 817 (1995)

193 W.Va. 258

Daniel G. BECKLEY, Robert L. Clay, Thomas S. Cueto, and Charles W. Rumbaugh, Appellants, v. Colonel T.L. KIRK, Superintendent, West Virginia Division of Public Safety; Darrell V. McGraw, West Virginia Attorney General; and Andrew N. Richardson, Commissioner, West Virginia Workers' Compensation Fund, Appellees. Danny G. BECKLEY, Appellant, v. WORKERS' COMPENSATION COMMISSIONER and the West Virginia Division of Public Safety, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 2, 1995.

Attorney(s) appearing for the Case

Terry M. Jordan, Robinson & Rice, L.C., Huntington, for appellants.

Darrell V. McGraw, Jr., Atty. Gen., K. Keian Weld, Asst. Atty. Gen., Charleston, for appellee Andrew N. Richardson.

Darrell V. McGraw, Jr., Atty. Gen., Bradford W. Deel, Asst. Atty. Gen., Charleston, for appellee Colonel T.L. Kirk and appellees in No. 22471.

NEELY, Chief Justice:

Daniel G. Beckley, Robert L. Clay, Thomas S. Cueto and Charles W. Rumbaugh were each injured in the line of duty as state troopers employed by the West Virginia Division of Public Safety (hereinafter "DPS"). Only Trooper Beckley timely filed a Workers' Compensation claim. On 2 March 1993, appellants Clay, Cueto and Rumbaugh sought a writ of mandamus in the Circuit Court of Kanawha County to compel...

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