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WILHELM v. WEST VIRGINIA LOTTERY

No. 23056.

479 S.E.2d 602 (1996)

198 W.Va. 92

Robert H. WILHELM, Petitioner Below, Appellee, v. WEST VIRGINIA LOTTERY, Richard E. Boyle, Jr., Director of the West Virginia Lottery, James H. Paige, III, Secretary of the West Virginia Tax and Revenue, Gaston Caperton, Governor of the State of West Virginia, and West Virginia Education and State Employee's Grievance Board, Respondent Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Kelli D. Talbott, Senior Assistant Attorney General, Charleston, for the Appellants.

No Appearance for the Appellee.

PER CURIAM:1

The West Virginia Lottery (hereinafter Lottery), et al.,2 seeks reversal of an order of the Circuit Court of Kanawha County remanding Robert H. Wilhelm's grievance for wrongful discharge to the West Virginia Education and State Employees Grievance Board (hereinafter Board) for a hearing. On appeal, the Lottery maintains that because Mr. Wilhelm's complaint failed to state a claim upon which...

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