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COLLINS v. ELKAY MIN. CO.

No. 17624.

371 S.E.2d 46 (1988)

Clinton COLLINS v. ELKAY MINING CO., a corporation, and the Pittston Co., a corporation.

Supreme Court of Appeals of West Virginia.

March 17, 1988.

Attorney(s) appearing for the Case

Lawrence B. Lowry, Barrett, Chafin, Lowry & Hampton, Huntington, for Clinton Collins.

Charles Surber, Jackson, Kelly, Holt, & O'F, Charleston, for Elkay Min. Co.

MILLER, Justice:

This is a wrongful discharge action instituted by Clinton Collins, a former tipple foreman, in which the trial court granted summary judgment for the defendant, Elkay Mining Company (Company). The trial court concluded that the plaintiff's retaliatory discharge claim under Harless v. First Nat'l Bank in Fairmont, 162 W.Va. 116, 246 S.E.2d 270 (1978), was barred by the plaintiff's failure to pursue State and...

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