PARSONS v. CHARLESTON FIREFIGHTERS

No. 21664.

438 S.E.2d 843 (1993)

190 W.Va. 500

Russell PARSONS, Petitioner Below, Appellee, v. CHARLESTON FIREFIGHTERS CIVIL SERVICE COMMISSION, Respondent Below, Appellant. Clyde A. Cummings, and all other Firemen Similarly Situated, Intervenors Below, Appellants. Charleston Professional Firefighters Association Local # 317, Intervenor Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1993.


Attorney(s) appearing for the Case

Brian M. Kneafsey, Jr., Hunt, Lees, Farrell & Kessler, Charleston, for appellee.

Arden J. Curry, II, Pauley, Curry, Sturgeon & Vanderford, Charleston, for appellant Charleston Firefighters Civil Service Com'n.

William D. Turner and Grant Crandall, Crandall, Pyles & Haviland, Charleston, for appellant Charleston Professional Firefighters Ass'n Local #317.

Robin J. Davis, Segal & Davis, Charleston, for appellants Clyde A. Cummings, et al.


PER CURIAM:

The issue in this appeal is whether the Circuit Court of Kanawha County was correct in holding that the appellee, Russell Parsons, could take the examination for promotion to the rank of lieutenant even though he failed to file a timely application to take the examination.1 We find that the circuit court erred in its order dated November 5, 1992, which granted Mr. Parsons such a right.

On August 6, 1992, Mr. Parsons...

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