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GILMORE v. WEST VIRGINIA STATE DEPARTMENT OF EDUCATION

No. 21379.

445 S.E.2d 168 (1994)

191 W.Va. 227

B.F. GILMORE, Plaintiff Below, Appellant, v. WEST VIRGINIA STATE DEPARTMENT OF EDUCATION and Henry R. Marockie, State Superintendent of Schools, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 18, 1994.

Attorney(s) appearing for the Case

John Everett Roush, Charleston, for appellant.

John S. Dalporto, Asst. Atty. Gen., Charleston, for appellees.

PER CURIAM:

The matters in this appeal, which was accepted on November 9, 1992, but was not argued until January 25,1994, involve a claim of age discrimination by B.F. Gilmore, a school bus driver employed by the Wood County Board of Education. The claimed discriminatory rule as adopted by the West Virginia State Department of Education states that a candidate for a school bus driver shall not be certified or recertified after his or her seventieth birthday. After...

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