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STATE EX REL. YOUNG v. SIMS

Nos. 22009, 22010.

449 S.E.2d 64 (1994)

192 W.Va. 2

STATE of West Virginia ex rel. Fredrick I. YOUNG, Petitioner, v. James L. SIMS, Executive Director, Consolidated Public Retirement Board; Governor Gaston Caperton; Chuck Polan, Chairman; Glen B. Gainer III, Vice-Chairman, David A. Haney, Tony Lautar, Jr., Elizabeth Poundstone, S.S. Saterfield, Janet F. Wilson and David L. Wyant, Consolidated Public Retirement Board Members, in Their Official Capacities Only, Respondents. Beulah KITTS, Petitioner Below, Appellant, v. The CONSOLIDATED PUBLIC RETIREMENT BOARD of the State of West Virginia, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 8, 1994.

Attorney(s) appearing for the Case

Robert B. Wilson, Charleston, WV, for Fredrick I. Young.

Robert M. Nunley, Sr. Asst. Atty. Gen., Charleston, WV, for Consolidated Public Retirement Bd.

Paul A. Ryker, Huntington, WV, for Beulah Kitts.

WORKMAN, Justice:

This case involves two separate instances of benefit denials by the Consolidated Public Retirement Board ("Board"). These cases were consolidated for the purpose of clarifying the procedure for appeal in the event of a benefit denial by the Board. One of the actions was brought as an appeal from the circuit court and one as a mandamus proceeding. Given the varying factual and procedural backgrounds of the...

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