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AKERS v. WEST VIRGINIA DEPT. OF HIGHWAYS

No. 20862.

425 S.E.2d 840 (1992)

188 W.Va. 698

Donald AKERS, Plaintiff Below, Appellee, v. The WEST VIRGINIA DEPARTMENT OF HIGHWAYS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1992.

Dissenting Opinion of Justice Neely January 25, 1993.

Attorney(s) appearing for the Case

Kenneth H. Fisher, Fisher & Young, Huntington, for appellee.

Anthony G. Halkias, Frank S. Curia, Asst. Atty. Gen., Charleston, for appellant.

WORKMAN, Justice:

The West Virginia Department of Highways ("Department") appeals from a June 28, 1991, order of the Circuit Court of Wayne County declaring West Virginia Code § 29-6-4(d) (Supp.1992) unconstitutional and ordering that Donald Akers, Appellee, be reinstated to his former position as Wayne County Maintenance Superintendent (hereinafter sometimes referred to as "CMS" or "Superintendent"). After examining the applicable statute and precedent, we concur...

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