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CITY OF KENOVA v. BELL ATLANTIC-WEST VA.

No. 23087.

473 S.E.2d 141 (1996)

196 W.Va. 426

CITY OF KENOVA, a Municipal Corporation, Plaintiff Below, Appellee, v. BELL ATLANTIC-WEST VIRGINIA, INC., and Citizens Telecommunications Co., Defendants Below, Appellees, County Commission Of Wayne County, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1996.

Attorney(s) appearing for the Case

John F. Cyrus, Gardner & Cyrus, Huntington, Thomas M. Plymale, Wayne, for County Commission of Wayne County.

George B. Morrone, III, Kenova, for City of Kenova.

Jendonnae L. Houdyschell, Assistant City Attorney, Huntington, for City of Huntington Consolidated Communications Emergency Response Center Intervenor.

McHUGH, Chief Justice.

In this appeal, the Wayne County Commission appeals two orders entered in the Circuit Court of Wayne County. In the first order, entered November 18, 1994, the circuit court denied the Wayne County Commission's motion to dismiss this action on the ground that the circuit court lacked subject matter jurisdiction. In the second order, entered July 27, 1995, the circuit court granted the City of Kenova's motion for injunctive relief, enjoining...

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