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STATE EX REL. SMITH v. EVANS

No. 29461.

547 S.E.2d 278 (2001)

209 W.Va. 340

STATE of West Virginia ex rel. Eddie B. SMITH, Michael Smith and Donald P. Smith, Petitioners, v. Honorable Thomas C. EVANS, III, Judge of the Circuit Court of Jackson County, and Larry D. Smith, Respondents

Supreme Court of Appeals of West Virginia.

Decided May 11, 2001.

Attorney(s) appearing for the Case

John H. Tinney, F. Richard Hall, J. Michael Weber, Spilman, Thomas & Battle, Charleston, West Virginia, for the Petitioners, Eddie B. and Michael Smith.

Edward D. McDevitt, Kenneth E. Webb, Jr., Bowles Rice McDavid Graff & Love, Charleston, West Virginia, for the Respondent, Larry D. Smith.

Robert B. Allen, Thomas E. McHugh, Allen, Guthrie & McHugh, Charleston, West Virginia, for the Petitioner, Donald P. Smith.

ALBRIGHT, Justice:

Petitioners Carl E. Smith, Inc. ("Smith, Inc."), Carl E. Smith Petroleum, Inc. ("Petroleum, Inc."), Eddie B. Smith, Donald P. Smith, and Michael Smith seek a writ of prohibition in connection with the April 4, 2001, entry of an order by the Circuit Court of Jackson County which reinstated Respondent Larry D. Smith as President of Petroleum, Inc. and enjoined the individual Petitioners from taking any action to interfere with the operations of Petroleum...

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