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GOODEN v. BOARD OF APPEALS OF W. VA., ETC.

No. 13699.

234 S.E.2d 893 (1977)

Preston B. GOODEN v. BOARD OF APPEALS OF the WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY, etc., et al., Robert L. Bonar, Superintendent, etc.

Supreme Court of Appeals of West Virginia.

Concurring Opinion May 18, 1977.

Attorney(s) appearing for the Case

Kay, Casto & Chaney, George S. Sharp, John R. Hoblitzell, Charleston, for appellant.

Franklin D. Cleckley, Morgantown, Ross Maruka, Fairmont, for appellee.

CAPLAN, Chief Justice:

Preston B. Gooden, prior to April 24, 1971, was a member in good standing of the Department of Public Safety of the State of West Virginia, having held the rank of Trooper. On April 23, 1971, Trooper Gooden made a speech in Morgantown, West Virginia before the combined Civic Clubs of Morgantown, which the Superintendent of the Department of Public Safety believed constituted violations of certain departmental regulations. Consequently, Trooper...

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