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DALTON v. MERCER COUNTY BD. OF EDUC.

No. 88-3972.

887 F.2d 490 (1989)

Frank M. DALTON, Jr., Plaintiff-Appellee, v. MERCER COUNTY BOARD OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1989.

Attorney(s) appearing for the Case

Kathryn Reed Bayless (Bayless, Wills & Archer, Princeton, W.Va., on brief) for defendant-appellant.

John E. Lutz (Dodson, Riccardi & Lutz, Charleston, W.Va., on brief) for plaintiff-appellee.

Before WIDENER and WILKINSON, Circuit Judges, and DOUMAR, District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

Frank M. Dalton Jr. instituted this action alleging that the Mercer County Board of Education (Board) violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621, et seq. and the West Virginia Human Rights Act1 in not hiring him for a position of Director of Transportation due to his age. Judgment for Dalton was entered on a jury verdict in his favor. The Board appeals arguing that the district...

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