CLECKLEY, Justice, concurring: I am in wholehearted agreement with the excellent majority opinion of Chief Justice MeHUGH. Because I question the circuit court’s granting of declaratory judgment in this case, I write separately only to underscore the discretionary nature of declaratory judgments. The Declaratory Judgment Act, W.Va. Code, 55-13-1 (1941), empowers a circuit court to grant d…
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