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McGraw v. Caperton
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 1994 Term ___________ No. 22011 ___________ DARRELL V. McGRAW, JR., IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF WEST VIRGINIA, Appellant, v. THE HONORABLE GASTON CAPERTON, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF WEST VIRGINIA; RON RILEY, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE PURCHASING DIVISION, DEPARTMENT OF ADMINISTRATION OF THE STATE OF WEST VIRGINIA; AND CHUCK POLAN, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF ADMINISTRATION OF THE STATE OF WEST VIRGINIA, Appellees, DR. HENRY MAROCKIE, STATE SUPERINTENDENT OF SCHOOLS; AND THE WEST VIRGINIA DEPARTMENT OF EDUCATION, Intervenors Below, Appellees _______________________________________________________ Appeal from the Circuit Court of Kanawha County Honorable John Hey, Judge Civil Action No. 93-C-5106 AFFIRMED AND REMANDED _______________________________________________________ Submitted: March 1, 1994 Rehearing Denied: July 6, 1994 Filed as Modified: July 21, 1994 Frances A. Hughes Managing Deputy Attorney General and Katherine A. Schultz Senior Deputy Attorney General and Katherine L. Dooley Assistant Attorney General Charleston, West Virginia Attorneys for the Appellant Diana Stout Special Assistant Attorney General
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and Daniel R. Schuda Jan L. Fox Steptoe & Johnson Charleston, West Virginia Attorneys for the appellees, Caperton, Riley and Polan Victor A. Barone Charleston, West Virginia Attorney for the appellee, Marockie CHIEF JUSTICE BROTHERTON delivered the Opinion of the Court. SYLLABUS BY THE COURT 1. The Attorney General, acting in his official capacity, does not come within the parameters of the definition of "person" set forth in W.Va. Code

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