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BARR v. GAINER

No. 24815.

508 S.E.2d 96 (1998)

203 W.Va. 379

David BARR, Petitioner Below, Appellee, v. Willis "Tom" GAINER, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1998.

Attorney(s) appearing for the Case

George J. Cosenza, Cosenza & Underwood, Parkersburg, West Virginia, John Oshoway, Grantsville, West Virginia, Attorneys for Appellant.

Kathy A.W. Arnold, Spencer, West Virginia, Attorney for Appellee.

Kelly Elswick, Loren B. Howley, Howley & Venezia, L.C., Grantsville, West Virginia, Attorneys for Amicus Curiae.

McCUSKEY, Justice:

This is an appeal from an election contest decision concerning the November 5, 1996 general election for a seat on the Calhoun County Commission. The appellant, Willis "Tom" Gainer (hereinafter "Gainer"), asks us to overrule the June 3, 1997 final order of the Circuit Court of Calhoun County. Pursuant to that order, the circuit court disallowed as void all votes cast in the election for County Commissioner...

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