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STATE EX REL. MANCHIN v. LIVELY

No. 15599.

295 S.E.2d 912 (1982)

STATE ex rel. A. James MANCHIN, Secretary of State, etc. v. James E. LIVELY, et al.

Supreme Court of Appeals of West Virginia.

September 20, 1982.

Attorney(s) appearing for the Case

Timothy N. Barber, Chauncey H. Browning, Jr., Atty. Gen., Charleston, for petitioner.

Gene Carte, Asst. Pros. Atty. and Paul M. Blake, Jr., Pros. Atty., Fayetteville, for respondents.

MILLER, Chief Justice:

This is an original petition for a writ of mandamus in which the petitioner, Secretary of State A. James Manchin, requests that we require the respondents to recount the votes in the Fayette County June primary election in compliance with the procedures required in W.Va.Code, 3-4A-28(4) [1982]. Respondents contend that the petitioner has no standing to bring this action and that because the effective date of the statutory changes occurred after...

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