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STATE EX REL. DARLING v. McGRAW

No. 33210.

647 S.E.2d 758 (2007)

STATE of West Virginia ex rel. Donald Darling, Petitioner, v. Darrell V. McGRAW, Attorney General of the State of West Virginia, and State of West Virginia Board of Risk and Insurance Management Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 28, 2007.

Concurring and Dissenting Opinion of Justice Albright June 28, 2007.

Attorney(s) appearing for the Case

Donald Darling, Brecksville, OH, Petitioner Pro Se.

Charles R. Bailey, Bailey & Wyant, P.L.L.C., Charleston, for Respondent, State of West Virginia Board of Risk and Insurance Management.

Darrell V. McGraw, Attorney General, Debra L. Hamilton, Deputy Attorney General, Charleston, for Respondent, Darrell V. McGraw, Attorney General of the State of West Virginia.

PER CURIAM.

The instant matter comes before this Court upon the petition of Donald Darling (hereinafter "Darling" or "the petitioner") seeking issuance of a writ of mandamus to compel his former employer, the Attorney General of West Virginia (hereinafter "the Attorney General"), to pay him damages for chronic depression and migraine headaches which he claims have permanently and totally disabled him. Darling asserts that this alleged injury arose in the course of...

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