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PERDUE v. WISE

No. 31749.

607 S.E.2d 424 (2004)

216 W.Va. 318

The Honorable John D. PERDUE, Treasurer of the State of West Virginia, and the Honorable Glen B. Gainer, III, Auditor of the State of West Virginia, Plaintiffs Below, Appellants v. The Honorable Bob WISE, Governor of the State of West Virginia, and Tom Susman, as Acting Secretary of the Department of Administration of the State of West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2004.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Charleston, for the Appellants.

Stephen P. Goodwin, Carte P. Goodwin, Raymond S. Franks, II, Goodwin & Goodwin, Charleston, for the Appellees.

William B. McGinley, Charleston, for Amicus Curiae, West Virginia Education Association and West Virginia Association of Retired School Employees.

ALBRIGHT, Justice:

Appellants, the State Treasurer1 and the State Auditor,2 appeal from the March 1, 2004, order of the Circuit Court of Kanawha County granting summary judgment to Appellees, the Governor3 and the Acting Secretary of the Department of the Administration,4 in connection with the declaratory and injunctive action Appellants initiated to...

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