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STATE EX REL. CRIST v. CLINE

Nos. 33056, 33057, 33058.

632 S.E.2d 358 (2006)

219 W.Va. 202

STATE of West Virginia ex rel. Lola CRIST, Petitioner, v. Sago Mine Widows, Intervenors, v. Jane CLINE, Insurance Commissioner, and Ranger Construction Industries, Inc., Respondents. State of West Virginia ex rel. Kathy Sweet and Diana Dickerson, Petitioners, Sago Mine Widows, Intervenors, v. Jane Cline, Insurance Commissioner, and Meadow River Coal Company, and Lightning Contract Services, Respondents. State of West Virginia ex rel. Georgette Carte, Sherry Grubb, and Jackie Jenkins, Petitioners, Sago Mine Widows, Intervenors, v. Jane Cline, Insurance Commissioner, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2006.

Concurring Opinion of Justice Maynard June 14, 2006.

Attorney(s) appearing for the Case

R. Scott Marshall, Robert W. Gillikin, II, Peirce, Raimond & Coulter, P.C., Pittsburgh, Pennsylvania, Attorneys for the Petitioner.

David L. Stuart, Charleston, Attorney for Respondent Jane Cline, Insurance Commissioner.

Robert F. Cohen, Jr., Cohen, Abate & Cohen, L.C., Allan N. Karlin, Morgantown, Hunter B. Mullens, Mullens and McGuire, PLLC, Philippi, Attorneys for the Intervernors.

Stephen P. New, Beckley, Attorney for the Petitioners.

John H. Skaggs, Hoyt Eric Glazer, The Calwell Practice, PLLC, Charleston, Attorneys for the Petitioners.

DAVIS, Chief Justice:

In this consolidated proceeding invoking the original jurisdiction of this Court, numerous individuals, who were granted dependents' death benefits under the West Virginia Workers' Compensation system following the deaths of their spouses, petition for a writ of mandamus to compel the State Insurance Commissioner to apply W. Va.Code § 23-4-10(b) (2005) (Repl.Vol.2005)1 to continue dependents' death benefits until...

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