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BRADY v. HECHLER

No. 17137.

346 S.E.2d 546 (1986)

Ora BRADY v. Ken HECHLER, Secretary of State, Tracy W. Hylton, Janis Davis, William Richmond and Vivian Garland, Ballot Commissioners of Raleigh County, and John S. Lambert, Harold Griffith and Jimmy Graham, Ballot Commissioners of Wyoming County.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 14, 1986.

Attorney(s) appearing for the Case

William B. McGinley, WVEA, Charleston, for appellant.

Atty. Gen. Charlie Brown, Deputy Atty. Gen. Marianne K. Hoover, Charleston, for Hechler.

File, Payne, Sherer & Brown, E.M. Payne, III, John L. File, Beckley, for Hylton.

McHUGH, Justice:

In this mandamus action, the petitioner, Ora Brady, asked this Court to direct the Secretary of State of West Virginia and the ballot commissioners of the Ninth Senatorial District of West Virginia to strike respondent Tracy W. Hylton's name from the May 13, 1986, primary election ballot as candidate for the nomination of the Democratic Party for the office of Senator of the West Virginia Legislature. The petitioner contended that Hylton failed to...

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