Legal Opinion

Mellon-Stuart Co. v. Hall

West Virginia Supreme Court

Decided June 18, 1987No. 17498PublishedCited by 55 opinions

1Opinion of the Court

MILLER, Justice:

These cases have been consolidated for purposes of this opinion. Mellon-Stuart Company and Kirby Electric Service seek an original mandamus against the West Virginia Board of Regents (Board) and present a certified question from the Cir cuit Court of Kanawha County. The two proceedings arise out of a construction contract dispute with the Board.

Three questions are presented: (1) whether a contract suit against a State agency is barred by sovereign immunity; (2) whether the clerk of the court of claims ■is required under W.Va.Code, 14-2-23, to recertify claims which have been…

2Cases cited52 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  3. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  4. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  5. People v. SimsCalifornia Supreme Court · 1982

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3Cited by55 opinions

  1. State v. MillerWest Virginia Supreme Court · 1995
  2. State v. Chase Securities, Inc.West Virginia Supreme Court · 1992
  3. Clark v. DunnWest Virginia Supreme Court · 1995
  4. Page v. Columbia Natural Resources, Inc.West Virginia Supreme Court · 1996
  5. Central West Virginia Refuse, Inc. v. Public Service CommissionWest Virginia Supreme Court · 1993

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