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STATE EX REL. CAVENDER v. McCARTY

No. 23652.

479 S.E.2d 887 (1996)

198 W.Va. 226

STATE of West Virginia ex rel. Otis L. CAVENDER and Marguerite Cavender, Petitioners, v. Honorable Charles E. McCARTY, Judge of the Circuit Court of Roane County, Billy Fouty and Patricia Fouty, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1996.

Attorney(s) appearing for the Case

George M. Scott, Spencer, for Petitioners.

Charles E. McCarty, Judge, Ripley, Pro Se.

David A. Sims, Debra Tedeschi Hall, Sims and Hall, Elkins, for Respondents.

PER CURIAM:

In this original proceeding1 in prohibition, the petitioners, Otis L. Cavender and Marguerite Cavender, challenge a July 12, 1996, ruling of the Circuit Court of Roane County, West Virginia, Pursuant to that ruling, the respondent, the Honorable Charles E. McCarty, granted the motion of Billy Fouty and Patricia Fouty, also named as respondents, to conduct separate trials upon the issues of liability and damages in the underlying...

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