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BURKHART v. SINE

Nos. 23974, 23975.

489 S.E.2d 485 (1997)

200 W.Va. 328

Robert L. BURKHART, Appellant, v. Honorable Virginia M. SINE, Circuit Clerk of Berkeley County; Howard Strauss; D. Wayne Dunham, County Commissioner of Berkeley County; Robert S. Butler and John E. Wright, Appellees. Robert L. BURKHART, Appellee, v. Honorable Virginia M. SINE, Circuit Clerk of Berkeley County; Howard Strauss; D. Wayne Dunham, County Commissioner of Berkeley County; Robert S. Butler and John E. Wright, Appellees, and Howard Strauss, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1997.

Attorney(s) appearing for the Case

Douglas S. Rockwell, Steptoe & Johnson, Charles Town, and Ancil G. Ramey, Steptoe & Johnson, Charleston, for Burkhart.

Patrick G. Henry, IV, Henry, Grant, Taylor & Janelle, Martinsburg, for Sine, Butler and Wright.

Richard G. Gay, Berkeley Springs, for Strauss.

Charles S. Trump, IV, Trump & Trump, Berkeley Springs, for Dunham.

Norwood Bentley, III, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for Amicus Curiae, The Berkeley County Commission.

MAYNARD, Justice:

This is an appeal from a mandamus action which originated in the Circuit Court of Berkeley County, West Virginia, by Robert L. Burkhart, who is a candidate for the office of County Commissioner on the Democrat ticket. Burkhart requests that Howard L. Strauss, a candidate for the office of County Commissioner on the Republican ticket, be determined to be ineligible to serve as a County Commissioner from the Norborne Magisterial District. Strauss cross...

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