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KANAWHA COUNTY BD. OF EDUC. v. FULMER

No. 101578.

719 S.E.2d 375 (2011)

KANAWHA COUNTY BOARD OF EDUCATION, Defendant Below, Petitioner v. Robert FULMER, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Billie Jo Streyle , Bailey & Wyant, PLLC, Charleston, WV, for Petitioner.

William Mundy , Rebecca Stepto, Mundy & Nelson, Huntington, WV, for Respondent.

PER CURIAM:

This case is before this Court upon the appeal of the Kanawha County Board of Education (hereinafter "the Board") from an order of the Circuit Court of Kanawha County denying its motion to alter or amend a mandamus judgment requiring the Board to pay $259,566.99 in damages to the Appellee, Mr. Robert Fulmer. The Board's primary contention is that the damages award is erroneous because it fails to include an assessment of Mr. Fulmer's mitigation of damages...

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