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W. VA. DEPT. OF CORRECTIONS v. LEMASTERS

No. 15968.

313 S.E.2d 436 (1984)

WEST VIRGINIA DEPARTMENT OF CORRECTIONS v. Hughie LEMASTERS, West Virginia Civil Service Commission.

Supreme Court of Appeals of West Virginia.

Decided March 2, 1984.

Attorney(s) appearing for the Case

Timothy F. Cogan, O'Brien, Cassidy & Gallagher, Wheeling, for appellees.

Chauncey H. Browning, Atty. Gen., Dana D. Davis, Asst. Atty. Gen., Charleston, for appellant.

NEELY, Justice:

This is an appeal by the Department of Corrections (the Department) from an order of the West Virginia Civil Service Commission (the Commission) which overturned the dismissal of Hughie Lemasters, an employee of the Department of Corrections. The Department had dismissed Mr. Lemasters because he had either sold or given fire arms to a former inmate on the day of that inmate's release. The Commission ruled that this sanction was excessive and instead...

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