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STATE EX REL. SMITH v. MINGO COUNTY COM'N

No. 100916.

721 S.E.2d 44 (2011)

STATE of West Virginia ex rel. Gregory SMITH, Petitioner v. MINGO COUNTY COMMISSION, Jim Hatfield, Mingo County Clerk, and Lonnie Hannah, in his Official Capacity as Mingo County Sheriff, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2011.

Attorney(s) appearing for the Case

John A. Kessler, Esq. , David R. Pogue, Esq. , Michael W. Carey , Carey, Scott, Douglas & Kessler, PLLC, Charleston, WV, Attorneys for Petitioner.

Leah Macia, Esq. , Spilman Thomas & Battle, PLLC, Charleston, WV, Attorney for Respondent Mingo, County Sheriff Lonnie Hannah.

WORKMAN, Chief Justice.

Petitioner Gregory Smith, a Commissioner on the Mingo County Commission, appeals the denial of his petition for a writ of mandamus by the Circuit Court of Mingo County, West Virginia. After successfully defending against a Petition for Removal, Petitioner Smith filed a complaint with the circuit court, seeking a writ of mandamus directing the Mingo County Sheriff and the Mingo County Commission to reimburse him for his costs and attorney's...

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