BAKER, District Judge.
This action was originally instituted as a mandamus proceeding in the Circuit Court of Marshall County, West Virginia. The defendant removed the same to this court, where it was docketed as a proceeding for mandamus upon the law docket at Wheeling. A motion was made to remand, which was overruled. A demurrer was then filed to the petition for mandamus, which was argued and briefed and, in turn, overruled. The defendant then filed its answer...
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