THOMAS v. BOARD OF ED., COUNTY OF McDOWELL

No. CC920.

280 S.E.2d 816 (1981)

Charles E. THOMAS, President, et al. v. The BOARD OF EDUCATION, COUNTY OF McDOWELL, et al. v. WEST VIRGINIA BOARD OF EDUCATION, etc.

Supreme Court of Appeals of West Virginia.

July 29, 1981.


Attorney(s) appearing for the Case

Tutwiler, Crockett, LaCaria & Mursenky, Philip A. LaCaria, Welch, for plaintiffs.

Wade T. Watson, Pros. Atty., Welch, for McDowell Bd. of Ed.

Chauncey H. Browning, Atty. Gen., Victor A. Barone, Deputy Atty. Gen., Charleston, for State Bd. of Ed.


McGRAW, Justice:

This case is before the Court on certified questions from the Circuit Court of McDowell County pursuant to W.Va.Code § 58-5-2. In the questions presented we are asked to reexamine the doctrine of sovereign immunity as it relates to both the State Board of Education and county boards of education as they grow out of a dispute involving the misapplication of funds raised by a special county election, which funds were intended to supplement the...

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