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WIGGINS v. EASTERN ASSOCIATED COAL CORP.

No. 17145.

357 S.E.2d 745 (1987)

Kenneth A. WIGGINS v. EASTERN ASSOCIATED COAL CORP.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 14, 1987.

Attorney(s) appearing for the Case

Wm. B. Talty, Tazewell, for appellant.

Charles Q. Gage, Larry W. Blalock, Jackson, Kelly, Holt & O'Farrell, Charleston, for appellee.

McGRAW, Chief Justice:

This is an appeal from an order by the Circuit Court of McDowell County dismissing the appellant's action seeking damages for his wrongful discharge. The circuit court ruled that the appellant's exclusive remedy was through the administrative complaint procedures detailed in the antidiscrimination provisions of the federal and state mine safety laws. 30 U.S.C. § 815(c) (1982); W.Va. Code § 22A-1A-20 (1985 Replacement Vol.). Alternatively...

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