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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA


January 2003 Term

FILED
_____________ No. 30964 _____________
July 3, 2003
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

DONALD NICHOLS, Petitioner Below, Appellant v. THE STATE OF WEST VIRGINIA, AND ROGER PRITT, COMMISSIONER,
WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES,
Respondents Below, Appellees
______________________________________________________ Appeal from the Circuit Court of Kanawha County Honorable Tod J. Kaufman, Judge Civil Action No. 02-MISC-157 REVERSED AND REMANDED WITH DIRECTIONS _____________________________________________________ Submitted: April 8, 2003 Filed: July 3, 2003 Carter Zerbe, Esq. Charleston, West Virginia Attorney for Appellant Darrell V. McGraw, Jr. Attorney General Janet E. James Assistant Attorney General Charleston, West Virginia Attorneys for Appellees

The Opinion of the Court was delivered PER CURIAM.

SYLLABUS BY THE COURT

1.

"`"A writ of mandamus will not issue unless three elements coexist

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