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CITY OF BENWOOD v. BD. OF EDUC.

No. 30627.

573 S.E.2d 347 (2002)

212 W.Va. 436

CITY OF BENWOOD, A Municipal Corporation, and Frank Longwell, Larry Ferrara, William Kern, Individually and on Behalf of Save Our School/Union Defense Fund, Plaintiffs Below, Appellants, v. The BOARD OF EDUCATION OF THE COUNTY OF MARSHALL, A Corporation, David L. Wood, in His Official Capacity as the Superintendent of the Board of Education of the County of Marshall, John H. Och, IV, Roger A. Lewicki, Mary Ellen Komorowski, Melanie A Hummel, and George M. Manning, Each in His or Her Official Capacity as a Member of the Board of Education of the County of Marshall, a Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 1, 2002.

Attorney(s) appearing for the Case

Daniel J. Guida, Esq., Guida Law Offices, Weirton, West Virginia, Attorney for Appellants.

Gregory W. Bailey, Esq., Kimberly S. Croyle, Esq., Bowles Rice McDavid Graff & Love, Charleston, West Virginia, Attorneys for Appellees.

Michael R. Crane, Esq., M.E. "Mike" Mowery, Esq., Mark W. McOwen, Esq., for Amici Curiae, Earl Ray Tomblin, President of the West Virginia Senate and Robert S. Kiss, Speaker of the West Virginia House of Delegates.

PER CURIAM:

This case is before this Court upon an appeal of a final order of the Circuit Court of Marshall County entered on May 8, 2002. In that order, the circuit court denied a petition for a writ of mandamus and a request for declaratory and injunctive relief filed by the appellants and plaintiffs below, the City of Benwood, a municipal corporation, and Frank Longwell, Larry Ferrara, and William Kern, individually and on behalf of Save Our School/Union Defense...

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