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No: 26200 -- State ex rel. Ball v. Cummings

McGraw, J., dissenting in part and concurring in part:

        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.