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KUCERA v. CITY OF WHEELING

No. 13352.

215 S.E.2d 216 (1975)

Robert KUCERA, etc., et al. v. The CITY OF WHEELING, etc.

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 13, 1975.

Attorney(s) appearing for the Case

Hostler, Logsdon & Shinaberry, Stanley M. Hostler, Charleston, for appellants.

John Marshall, III, and George B. Vieweg, III, Wheeling, for appellee.

CAPLAN, Justice:

Robert Kucera, individually and on behalf of all other persons similarly situate as paid fire fighters employed by the City of Wheeling, plaintiffs, instituted an action in the Circuit Court of Ohio County against the City of Wheeling, a municipal corporation, defendant, seeking a judgment declaring their rights to certain sums of money alleged to be due and owing them as salary. That action was instituted on December 28, 1967 and, having been extended...

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