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ATKINSON v. COUNTY COM'N OF WOOD COUNTY

No. 23880.

489 S.E.2d 762 (1997)

200 W.Va. 380

Ira W. ATKINSON, Jr., Petitioner Below, Appellant, v. The COUNTY COMMISSION OF WOOD COUNTY, a Political Corporation; Jean Grapes, President of the County Commission; Steven Grimm, Commissioner; and Holmes R. Shaver, Commissioner, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Joseph M. Brown, Parkersburg, for Appellant.

Virginia Conley, Prosecuting Attorney for Wood County, Parkersburg, Richard A. Hayhurst, Parkersburg, for Appellees.

WORKMAN, Chief Justice:

Former magistrate Ira Atkinson appeals the Circuit Court of Wood County's denial of his petition for a writ of mandamus through which he sought a directive requiring Appellee, the Wood County Commission ("Commission"), to reimburse the attorneys' fees he incurred in defending against criminal charges brought against him while in office. We agree with the circuit court that Mr. Atkinson was not a county employee while serving as magistrate and...

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