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STATE EX REL. BELL ATLANTIC v. RANSON

No. 23942.

497 S.E.2d 755 (1997)

201 W.Va. 402

STATE of West Virginia ex rel. BELL ATLANTIC-WEST VIRGINIA, INC., a West Virginia Corporation, and Bell Atlantic Corporation, a Delaware Corporation, Petitioners, v. Honorable Lyne RANSON, Judge of the Circuit Court of Kanawha County; E. Keith Morgan, Michael T. Sword, Daniel P. O'Connor, Jean Sanson, dba C.J.'s Auto Sales; and Doris J. Graley, individually and on behalf of all others similarly situated, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1997.

Dissenting Opinion of Justice Maynard July 17, 1997.

Attorney(s) appearing for the Case

Gerard R. Stowers, Geoffrey A. Haddad, Bowles Rice McDavid Graff & Love, David B. Frost, Joseph J. Starsick, Jr., Charleston, for Petitioners.

Marvin W. Masters, Anthony J. Majestro, Richard A. Monahan, Masters & Taylor, Charleston, for E. Keith Morgan, Michael T. Sword, Daniel P. O'Connor, Jean Sanson and Doris J. Graley.

Steven Hamula, Charleston, for Amicus Curiae Public Service Commission of West Virginia.

McHUGH, Justice:

Petitioners Bell Atlantic-West Virginia and Bell Atlantic Corporation invoke this Court's original jurisdiction pursuant to W.Va. Const. art. VIII, § 3 and W.Va.Code, 51-1-3 [1923] and request that a writ of prohibition be directed against the Honorable Lyne Ranson, Judge of the Circuit Court of Kanawha County. Petitioners had filed motions to dismiss plaintiffs' class action

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