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STATE EX REL. YORK v. W.VA. DISCIPLINARY COUNSEL OFFICE

No. 12-1410.

744 S.E.2d 293 (2013)

STATE of West Virginia ex rel. Olen L. YORK, III, Petitioner v. WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL and West Virginia Lawyer Disciplinary Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Esq. , DiTrapano, Barrett & DiPiero, PLLC, Charleston, WV, and Robert B. Kuenzel, II, Esq. , Kuenzel & Associates, PLLC, Chapmanville, WV, for Petitioner.

Renee N. Frymyer, Esq. , Lawyer Disciplinary Counsel, Office of Disciplinary Counsel, Charleston, WV, for Respondents.

WORKMAN, Justice:

Mr. Olen York (hereinafter "the petitioner") seeks a writ of prohibition to prevent the West Virginia Office of Disciplinary Counsel (hereinafter "ODC") and the West Virginia Lawyer Disciplinary Board (hereinafter "LDB") from proceeding against him in an attorney disciplinary matter. During the relevant time period, the petitioner was registered to practice as a patent attorney before the United States Patent and Trademark Office (hereinafter "PTO...

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