SER Ball v. Cummings, Judge, et al. (dissenting)
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No: 26200 -- State ex rel. Ball v. Cummings FILED December 13, 2000 McGraw, J., dissenting in part and concurring in part: RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA RELEASED December 15, 2000 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent, narrowly, to the Court s holding in syllabus point six, which essentially defines inadequate representation. I fear that the language of this syllabus point might be a bit too limiting, and could be turned on its head to actually prevent the intervention of parties, situated similarly to the petitioners, in future cases before this Court. I do not wish to take any action that would encourage such mischief. Otherwise I concur in the decision reached by the Court in this generally well-written opinion.
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