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BOARD OF EDUC. v. HUMAN RIGHTS COM'N

No. 18380.

385 S.E.2d 637 (1989)

BOARD OF EDUCATION OF the COUNTY OF LEWIS v. WEST VIRGINIA HUMAN RIGHTS COMMISSION, Paul E. Devericks, Sr., Paul E. Devericks, Jr., and Barbara Devericks.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion June 28, 1989.

Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Sharon M. Mullens, Sr. Asst. Atty. Gen., Charleston, for Human Rights Comn., Paul E. Devericks, Sr., et al.

Stephen A. Weber, Kay, Casto, and Chaney, Charleston, for BOE of Lewis County.

McHUGH, Justice:

This case is before the Court upon appeal pursuant to W.Va.Code, 29A-6-1 [1964], part of the State Administrative Procedures Act. It arises from a final order of the Circuit Court of Lewis County, which reversed the findings of the West Virginia Human Rights Commission (hereinafter "the Commission"). The Commission had determined that the appellee was guilty of an unlawful discriminatory practice under the West Virginia Human Rights Act, specifically...

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