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STATE EX REL. WOOTEN v. COAL MINE SAFETY BD. OF APPEALS

Nos. 35493, 35648.

703 S.E.2d 280 (2010)

STATE of West Virginia ex rel. Ronald L. WOOTEN, Director, and the West Virginia Office of Miners' Health, Safety and Training, Petitioners Below, Appellants, v. The COAL MINE SAFETY BOARD OF APPEALS and William Coulson, Respondents Below, Appellees. and West Virginia Office of Miners' Health, Safety and Training, Petitioner Below, Appellant v. William A. Coulson, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 1, 2010.

Attorney(s) appearing for the Case

Elaine L. Skorich, Esq. , Barry L. Koerber, Esq. , Attorney General's Office, Charleston, WV, Attorneys for Appellants, Ronald Wooten, Director, and the West Virginia Office of Miners' Health, Safety and Training.

Harden C. Scragg, Jr., Esq. , Ronald R. Brown, Esq. , Attorney General's Office, Charleston, WV, Attorneys for Appellee, the Coal Mine Safety Board Appeals.

William A. Coulson , pro se, Moundsville, WV.

WORKMAN, Justice:

This case is before the Court upon the consolidated appeals of the West Virginia Office of Miners' Health, Safety and Training ("OMHST") from two separate Orders entered in two separate actions by the Circuit Court of Kanawha County. The first Order entered on July 24, 2009, dismissed the OMHST's petition for writ of prohibition in which the OMHST sought to prohibit the Coal Mine Safety Board of Appeals ("Board") from requiring it to submit a "proper...

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