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263 TOWING v. MARCUM TRUCKING

No. 33382.

662 S.E.2d 522 (2008)

263 TOWING, INC., a West Virginia Corporation, Petitioner Below, Appellee v. MARCUM TRUCKING COMPANY, INC., a West Virginia Corporation, Petitioner Below, Appellee v. Lonnie Hannah, Sheriff of Mingo County; Mingo Office of Emergency Services; and the County Commission of Mingo County, Respondents Below Lonnie Hannah, Sheriff of Mingo County, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 14, 2008.

Attorney(s) appearing for the Case

Letitia Neese Chafin, Williamson, WV, for the Appellant.

Michael O. Callaghan, John H. Tinney, Jr., James K. Tinney, The Tinney Law Firm, P.L.L.C., Charleston, WV, for the Appellees, Marcum Trucking Company, Inc. and 263 Towing, Inc.

Glen R. Rutledge, Williamson, WV, for the Appellee, County Commission of Mingo County.

John R. Teare, Jr., Bowles Rice McDavid Graff & Love, L.L.P., Charleston, WV, for Amicus Curiae, The West Virginia Sheriff's Association.

ALBRIGHT, Justice.

Lonnie Hannah, as the Sheriff of Mingo County (hereinafter referred to as "sheriff"), appeals from judgments of the Circuit Court of Mingo County rendered on October 16, 2006,1 refusing to vacate earlier rulings granting the mandamus relief sought by 263 Towing, Inc. (hereinafter referred to as "263 Towing") and Marcum Trucking Company, Inc. (hereinafter referred to as "Marcum Trucking"). The final orders granting the...

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