COFFMAN v. U.S. STEEL MIN. CO., INC.

No. 19512.

407 S.E.2d 392 (1991)

Franklin Clay COFFMAN, Petitioner Below, Appellant, v. U.S. STEEL MINING COMPANY, INC., and the Coal Mine Safety Board of Appeals in the State of West Virginia, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 9, 1991.

Dissenting Opinion of Justice Neely July 10, 1991.


Attorney(s) appearing for the Case

Roger D. Forman, Charleston, for appellant.

William E. Robinson, Charleston, for appellee U.S. Steel Min.

Mario Palumbo, Atty. Gen., Robert Pollitt, Asst. Atty. Gen., for appellee State of W. Va.


WORKMAN, Justice:

This is an appeal by Franklin Clay Coffman from an August 28, 1989, decision of the Circuit Court of Kanawha County affirming a prior decision of the Coal Mine Safety Board. The lower court held that the Coal Mine Safety Board was not clearly wrong in its determination that the appellant had not been discriminated against within the meaning of W.Va.Code § 22A-1A-20 (1985).1 We agree with the appellant's contention...

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