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STATE EX REL. CALLAGHAN v. W. VA. CIVIL SERV.

No. 14901.

273 S.E.2d 72 (1980)

STATE ex rel. David C. CALLAGHAN, etc. et al., W. Va. Dept. of Natural Resources v. The W. VA. CIVIL SERVICE COMMISSION et al., etc., and K. L. Painter.

Supreme Court of Appeals of West Virginia.

December 9, 1980.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen., Robert D. Pollitt, Asst. Atty. Gen., Charleston, for appellants.

Bowles, McDavid, Graff & Love, Charles M. Love, III and Thomas B. Bennett, Charleston, for W. Va. Civil Service Commission et al.

William Oates, Romney, Marvin W. Masters and Robert A. Taylor, Charleston, for K. L. Painter.

HARSHBARGER, Justice:

The West Virginia Department of Natural Resources challenges the jurisdiction of our Civil Service Commission to hear complaints about non-merit discrimination by an appointing authority.

Department employee K. L. Painter filed a complaint with the commission on February 8, 1980, that alleged discriminatory conduct against him because he testified before a legislative committee. A commission hearing was scheduled for March 27, but on...

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