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BONE v. WEST VA. DEPT. OF CORRECTIONS

No. 14391.

255 S.E.2d 919 (1979)

Robert O. BONE v. WEST VIRGINIA DEPARTMENT OF CORRECTIONS.

Supreme Court of Appeals of West Virginia.

June 26, 1979.

Attorney(s) appearing for the Case

Charles D. Bell and David B. Cross, Wellsburg, for appellant.

Chauncey H. Browning, Atty. Gen., Joseph C. Cometti, and Frances W. McCoy, Asst. Attys. Gen., Charleston, for appellee.

CAPLAN, Chief Justice:

Robert O. Bone, who had served as a Correctional Officer I at the State Penitentiary for approximately two and one-half years, was discharged from such position on May 26, 1978. Upon appeal to the Civil Service Commission his dismissal was upheld in a unanimous ruling and this appeal was prosecuted.

On the evening of May 26, 1978 Robert O. Bone reported for duty at the penitentiary and was...

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