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ABLES v. MOONEY

No. 14328.

264 S.E.2d 424 (1979)

G. A. ABLES et al. v. Harley F. MOONEY, Jr., Superintendent, West Virginia Department of Public Safety. E. N. HENRY v. Harley F. MOONEY, Jr., Superintendent, West Virginia Department of Public Safety. William David PLANTZ v. Harley F. MOONEY, Jr., Superintendent, West Virginia Department of Public Safety.

Supreme Court of Appeals of West Virginia.

Rehearing Denied December 6, 1979.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen., Ellen F. Warder, Asst. Atty. Gen., Charleston, for plaintiff in error.

James M. Sprouse, Charleston, Riley & Yahn and Arch W. Riley, Wheeling, for defendant in error.

MILLER, Justice:

This civil appeal presents the question of whether the provision in the West Virginia Wage and Hour Law, W.Va.Code, 21-5C-8(d),1 permitting a two-year back recovery for unpaid wages in a civil action brought by an employee against an employer who has failed to comply with that statute, should be applied to the petitioners in this case.

The specific question presented...

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