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STATE EX REL. THRASHER ENGINEERING v. FOX

No. 32774.

624 S.E.2d 481 (2005)

218 W.Va. 134

STATE of West Virginia ex rel. THRASHER ENGINEERING, INC., Petitioner v. The Honorable Fred L. FOX, II, Judge of the Circuit Court of Marion County, West Virginia, and Greater Marion Public Service District and Robert Brummage, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Attorney(s) appearing for the Case

James A. Walls, Kelly B. Kibble, Morgantown, for the Petitioner.

W. Henry Jernigan, Jr., Julia A. Pence, Dinsmore & Shohl, L.L.P., Charleston, for the Respondent, Greater Marion Public Service District.

Guy R. Bucci, J. Kristofer Cormany, Peter G. Markham, Bucci, Bailey & Javins, L.C., Charleston, for the Respondents, Robert Brummage, et al., class plaintiffs.

Charles R. Bailey, Heather D. Foster, Bailey & Wyant, P.L.L.C., Charleston, for West Virginia Department of Environmental Protection, West Virginia Department of Natural Resources, and West Virginia Public Service Commission.

PER CURIAM.

Thrasher Engineering, Inc. (hereinafter "Thrasher"), seeks a writ of prohibition against the Circuit Court of Marion County, in an attempt to prevent the lower court's enforcement of a February 28, 2005, order denying Thrasher's motion for leave to file a third party complaint against the West Virginia Department of Environmental Protection, the West Virginia Division of Natural Resources, and the West Virginia Public Service Commission (hereinafter collectively...

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