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WELLS v. CITY OF FAIRMONT

No. 15706.

318 S.E.2d 463 (1984)

Norman E. WELLS, et al. v. CITY OF FAIRMONT, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 23, 1984.

Attorney(s) appearing for the Case

Rodney Merrifield, Roger D. Curry, Fairmont, for appellants.

George R. Higinbotham, Fairmont, for appellee.

PER CURIAM:

In this appeal from a summary judgment, three employees of the City of Fairmont allege that the Circuit Court of Marion County erred in permitting the City certain offsets against their overtime wage compensation awards.1 Due to the insufficiency of the record, we are not able to determine whether the offset against each award was proper. Therefore, we remand the case for further development.

The plaintiffs were employed...

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