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DAVIS v. COUNTY OF GREENVILLE

No. 24364.

470 S.E.2d 94 (1996)

Sara G. DAVIS, Plaintiff, v. The COUNTY OF GREENVILLE, C. Wade Cleveland, Dick Herdklotz, Robert W. Leach, Paul B. Wickensimer, Lottie Gibson, Richard A. Ashmore, James S. Patterson, Rick Blackwell, George E. Bomar, Bob Cook, Allen Johnson, Fletcher N. Smith, Jr., all in their official capacities as members of the Greenville County Council; and Gerald Seals, in his official capacity as the County Administrator for Greenville County, Defendants. Mildred STOKES, Plaintiff, v. The COUNTY OF GREENVILLE, C. Wade Cleveland, Dick Herdklotz, Robert W. Leach, Paul B. Wickensimer, Lottie Gibson, Richard A. Ashmore, James S. Patterson, Rick Blackwell, George E. Bomar, Bob Cook, Allen Johnson, Fletcher N. Smith, Jr., all in their official capacities as members of the Greenville County Council; and Gerald Seals, in his official capacity as the County Administrator for Greenville County, Defendants. Shirley KEATON, Plaintiff, v. The COUNTY OF GREENVILLE, C. Wade Cleveland, Dick Herdklotz, Robert W. Leach, Paul B. Wickensimer, Lottie Gibson, Richard A. Ashmore, James S. Patterson, Rick Blackwell, George E. Bomar, Bob Cook, Allen Johnson, Fletcher N. Smith, Jr., all in their official capacities as members of the Greenville County Council; and Gerald Seals, in his official capacity as the County Administrator for Greenville County, Defendants.

Supreme Court of South Carolina.

Decided January 8, 1996.

Rehearing Denied February 9, 1996.

Attorney(s) appearing for the Case

W. Andrew Arnold and Suzanne E. Coe, Greenville, for plaintiff.

Glenn R. Goodwin of Ogletree, Deakins, Nash, Smoak & Stewart, L.L.P., Greenville, for defendants.

ON CERTIFICATION FROM THE UNITED STATES DISTRICT COURT

WALLER, Justice:

The following questions have been certified to this Court by the United States District Court for the District of South Carolina:

1. Does a county governing body possess the power and authority pursuant to S.C.Code Ann. § 22-1-10(A) (Supp.1994) to determine the number of magistrate positions it wishes to fund every four years, subject only to a maximum number calculated...

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