Perry v. Miller

Neely, Chief Justice:

In this original mandamus proceeding the petitioners seek an interpretation of W. Va. Code, 22-1-30 [1977]. As is usual in mine safety cases, the crux of the issue is whether the words mean what they say or something else, in this case specifically whether “shall” means “shall” or whether it means “may.” Also, as usual, we hold that words mean what they say and that “shall” means “shall;” therefore, we award the writ. See for similar mine safety questions, Walls v. Miller, 162 W.Va. 563, 251 S.E.2d 491 (1978); Itmann Coal Co. v. Miller, _ W.Va _, 272 S.E.2d 668 (1980).

On…