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STATE v. LINCOLN COUNTY COM'N

Nos. 23525, 23541.

474 S.E.2d 919 (1996)

196 W.Va. 739

STATE of West Virginia ex rel. William Edward SOWARDS II, Relator, v. COUNTY COMMISSION OF LINCOLN COUNTY; Paul D. Duncan, President, and Buster Stowers and Doug Waldron, Members; and Kim Cecil, Respondents. STATE of West Virginia ex rel. Lewis WALKER, Jr., Relator, v. Paul LAMBERT, Clerk of the Circuit Court of McDowell County; and Pete J. Beavers, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1996.

Attorney(s) appearing for the Case

James M. Casey, Point Pleasant, for Relator Sowards.

J. David Cecil, Armada & Cecil, Hurricane, for Respondent Kim Cecil.

James M. Casey, Point Pleasant, and Charles H. Damron, Hamlin, for Relator Walker.

Lacy W. Wright, Jr., Welch, for Respondent Pete J. Beavers.

Sidney H. Bell, Pros. Atty. for McDowell County, Welch, for Respondent Paul Lambert.

CLECKLEY, Justice:

This case involves two mandamus actions challenging the eligibility of two candidates for elected offices in West Virginia. Both candidates are alleged to have maintained their civil service status while running for office. Finding common issues of law, we consolidated these actions for purposes of consideration and decision.

I.

FACTUAL BACKGROUND

The relator in the first mandamus...

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