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STATE EX REL. FRAZIER & OXLEY v. CUMMINGS

No. 31391.

591 S.E.2d 728 (2003)

214 W.Va. 802

STATE of West Virginia ex rel. Frazier & Oxley, L.C., a West Virginia Legal Corporation, and William M. Frazier, Individually, Petitioners, v. The Honorable John L. CUMMINGS, Judge of the Circuit Court of Cabell County, West Virginia and St. James Management Company, L.L.C., a West Virginia Limited Liability Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 15, 2003.

Dissenting Opinion of Justice Albright December 8, 2003.

Dissenting Opinion of Justice McGraw December 10, 2003.

Concurring Opinion of Justice Maynard January 6, 2004.

Attorney(s) appearing for the Case

Thomas E. Scarr, Michael A. Frye, Michael E. Estep, Jenkins Fenstermaker, P.L.L.C., Huntington, for Petitioners.

Daniel T. Yon, Todd A. Biddle, Bailes, Craig & Yon, Huntington, for Respondent.

Ancil G. Ramey, Michelle E. Pizak, Steptoe & Johnson, P.L.L.C., Charleston, for City National Bank.

DAVIS, Justice.

Frazier & Oxley, L.C. and William M. Frazier (hereinafter "Frazier and Oxley") seek an original jurisdiction writ to prohibit Respondent Judge, the Honorable John L. Cummings of the Circuit Court of Cabell County, from enforcing his order of April 1, 2003, granting the Respondent, St. James Management Company (hereinafter "St. James") leave to file an amended complaint against Frazier & Oxley and...

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