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PHILYAW v. GATSON

No. 22866.

466 S.E.2d 133 (1995)

195 W.Va. 474

Ted PHILYAW, Administrative Director of the Courts, Appellant v. Cathy S. GATSON, Clerk of the Circuit Court of Kanawha County, the Board of Review of the West Virginia Department of Employment Security, and Joyce Purkey, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 7, 1995.

Attorney(s) appearing for the Case

John M. Hedges, Byrne & Hedges, Morgantown, for Appellant.

Walt Auvil, Pyles & Auvil, Parkersburg, for Appellee Purkey.

RECHT, Justice:

We are asked to review the narrow question involving the entitlement of a judicial employee to unemployment compensation benefits when that employee is required to resign her employment after she chooses to become a candidate for the non-judicial office of clerk of the circuit court.

The Circuit Court of Kanawha County reversed the decision of the Board of Review of the West Virginia Department of Employment Security. The Board of Review had...

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