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COUNTY OF KANAWHA v. W.VA. BD. OF EDUC.

No. 33081.

639 S.E.2d 893 (2006)

The BOARD OF EDUCATION OF the COUNTY OF KANAWHA, a Public Corporation, Plaintiff Below, Appellant v. WEST VIRGINIA BOARD OF EDUCATION, a Public Corporation, and Dr. David Stewart, as Superintendent of Schools of the State of West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 4, 2006.

Concurring Opinion of Chief Justice Davis January 3, 2007.

Attorney(s) appearing for the Case

James K. Brown, Jackson Kelly, PLLC, Williamsburg, Taunja Willis Miller, Jackson Kelly, PLLC, Martinsburg, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, for the Appellees.

MAYNARD, Justice:

The Kanawha County Board of Education, the appellant herein, appeals the December 9, 2005, order of the Circuit Court of Kanawha County that granted summary judgment to the appellees, the West Virginia Board of Education and its Superintendent, Steven L. Paine,1 in the appellant's action seeking a declaration that the appellees' method of financing the Kanawha County school system violates the equal protection clause...

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