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STATE EX REL. MONK v. KNIGHT

No. 24366.

499 S.E.2d 35 (1997)

201 W.Va. 535

STATE of West Virginia ex rel. Judy MONK, Petitioner, v. Honorable David W. KNIGHT, Judge of the Circuit Court of Mercer County, the Mercer County Board of Education, and Gregory Dalton, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 24, 1997.

Dissenting Opinion of Chief Justice Workman December 10, 1997.

Attorney(s) appearing for the Case

George P. Surmaitis, Crandall, Pyles & Haviland, Charleston, and William B. McGinley, Charleston, for Petitioner.

Kathryn R. Bayless, Bayless & McFadden, Princeton, for Mercer County Board of Education.

Mark E. Wills, Wills & Sadler, Princeton, for Dalton.

MAYNARD, Justice:

Petitioner, Judy Monk, seeks a writ of prohibition against the Circuit Court of Mercer County, the Mercer County Board of Education, and Gregory Dalton asking that we prohibit the respondent circuit court from enforcing its order which reversed the decision of the Administrative Law Judge (ALJ) and remanded the case back to the Mercer County Board of Education (Board) to decide whether Monk or Dalton would be chosen to fill a vacant teaching position...

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