
    PRICE, dba HOWARD PRICE & CO. v. STATE ROAD COMMISSION OF WEST VIRGINIA et al.
    No. 144.
    Decided October 11, 1965.
    
      Carney M. Layne and Charles W. Yeager for appellant.
    
      C. Donald Robertson, Attorney General of West Virginia, and Philip J. Grasiani and C. Robert Sarver, Assistant Attorneys General, for appellees.
   Per Curiam.

The motion to dismiss is granted and the appeal is dismissed in light of the representations of the Attorney General of West Virginia that there is open to the appellant an effective state procedure of which he has not availed himself.  