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STATE EX REL. ZIRKLE v. FOX

No. 25192.

510 S.E.2d 502 (1998)

203 W.Va. 668

STATE of West Virginia ex rel. John ZIRKLE, Petitioner, v. Honorable Fred L. FOX, II, Judge of the Circuit Court of Marion County, and the City of Fairmont, a Municipal Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Jerald E. Jones, Esq., Norman T. Farley, Esq., West & Jones, Clarksburg, West Virginia, Attorneys for Petitioner.

Kevin V. Sansalone, Esq., Fairmont, West Virginia, Attorney for Respondents.

WORKMAN, Justice:

Mr. John Zirkle (hereinafter "Mr. Zirkle" or "petitioner") seeks a writ of prohibition preventing the enforcement of a June 1, 1998, judgment of the Circuit Court of Marion County, directing that Mr. Zirkle be incarcerated for civil contempt of court. We deny the requested writ.

I. Facts

The City of Fairmont filed a "Petition for Abatement of Public Nuisance and Mandatory Injunction" against Mr. John Zirkle and Mr. Tulasi Joshi...

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