MIZELL v. RUTLEDGE

Nos. 16385, 16383, 16384 and 16386.

328 S.E.2d 514 (1985)

Mario J. MIZELL v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County; Board of Review of the West Virginia Department of Employment Security, J.F. McClanahan, as Chairman, C.C. Elmore, Jr. and Gregory E. Elliott, as Members; Nyle B. Hughes, as Commissioner; and Hospital Corporation of America, Employer. Albert F. ENNIS, Jr. v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County; Board of Review of the West Virginia Department of Employment Security, J.F. McClanahan, as Chairman, C.C. Elmore, Jr. and Gregory E. Elliott, as Members; Nyle B. Hughes, as Commissioner; and Tri-Bro., Inc., Employer. Ernest SCHEUVRONT v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County; Board of Review of the West Virginia Department of Employment Security, J.F. McClanahan, as Chairman, C.C. Elmore, Jr. and Gregory E. Elliott, as Members; Nyle B. Hughes, as Commissioner; and Beverage Distributors, Inc., Employer. Samuel VANCE v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County; Board of Review of the West Virginia Department of Employment Security, J.F. McClanahan, as Chairman, C.C. Elmore, Jr. and Gregory E. Elliott, as Members; Nyle B. Hughes, as Commissioner; and Island Creek Coal Company, Employer.

Supreme Court of Appeals of West Virginia.

March 28, 1985.


Attorney(s) appearing for the Case

Susan P. Moser, W.V. Legal Services Plan, Inc., Wheeling, Brough A. Jones, W.V. Legal Svcs. Plan, Inc., Clarksburg, for appellants in Nos. 16383 and 16384.

Andrew N. Richardson, Dept. of Employment Sec., Charleston, for appellees.

Michael E. Froble; Recht & Johnson, Wheeling, for Tri-Bro., Inc.

Kathleen G. Dolan, Appalachian Research & Defense Fund, Princeton, for appellant in No. 16385.

John P. Scherer; File, Payne, Scherer & Brown, Beckley, for Hosp. Corp.

Teresa McCune, Williamson, Kathleen G. Dolan, Appalachian Research & Defense Fund, Princeton, for appellant in No. 16386.


McHUGH, Justice:

These cases, Nos. 16385, 16383, 16384 and 16386, involve the same issue and have been consolidated by order of this Court for the purpose of resolution. They are before this Court upon the appeals of Mario J. Mizell, Albert F. Ennis, Jr., Ernest Scheuvront, and Samuel Vance, respectively, from final orders of the Circuit Court of Kanawha County wherein that court affirmed determinations by the Board of...

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