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DARLINGTON v. MANGUM

No. 22297.

450 S.E.2d 809 (1994)

192 W.Va. 112

Charles T. DARLINGTON, Howard Vest, Donzetta R. Roush, F.C. Stump, L.R. Bailey, Gordon Gregory, Sgt. R. Steven Tanner, Lt. Charles B. Lilly, Sgt. W.R. Garaffa, Cpl. J.E. Williams, Capt. E.W. Bennett, Sr., Sgt. Jimmy W. Stone, Cpl. Mitchell P. Barley, Cpl. Marion Mudd, Sgt. Jerry Mitchell, Lt. Michael K. Murkham, Sgt. Arthur Bolen, Dep. M.R. Bumgarner, G.A. Reed, E.S. Rogers, Rhonda Winders, David Gentry, Carol J. Calhoun, Cpl. T. Moran, Robert J. Elam, K.R. Hopkins, R.L. Booker, Ricky E. Snead, Robert E. Thompson, James P. Vance, Larry E. Richmond, James F. Hawley, Michael W. Hopkins and C.R. Bailey, Plaintiffs, v. R. Michael MANGUM, Sheriff of Raleigh County; and Paul H. Flanagan, Vernon P. Barley and Jack P. McDonald, as Duly Elected Members of the County Commission of Raleigh County, and the County Commission of Raleigh County, a Statutory Corporation; and John Parkulo, Alvin Chambers and Richard Terry as Duly Elected Members of the Deputy Sheriff's Civil Service Commission and the Deputy Sheriff's, Defendants.

Supreme Court of Appeals of West Virginia.

Decided November 2, 1994.

Attorney(s) appearing for the Case

Robin Jean Davis, John F. Dascoli, Segal & Davis, Charleston, for plaintiffs.

Carl W. Roop, Canterbury, Poling & Roop, and K. Bruce Lazenby, and James R. Sheatsley, Gorman & Sheatsley, Beckley, for defendants.

MILLER, Justice:1

This case is before us upon a certified question from the Circuit Court of Raleigh County, West Virginia. The question presented is whether the Raleigh County Commission (Commission) had the authority to require deputy sheriffs who wanted health insurance to pay a portion of the monthly premium. The issue arose in September, 1991. After reviewing its employee health care costs, which amounted to $350,000.00 a year, the...

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