GRIBBEN v. KIRK

Nos. 23292, 23293.

475 S.E.2d 20 (1996)

197 W.Va. 20

John T. GRIBBEN, et al., Petitioners Below, Appellees, v. Col. Thomas KIRK, Superintendent of the Division of Public Safety; Glen B. Gainer, Jr., Auditor of the State of West Virginia; and Larrie Bailey, Treasurer of the State of West Virginia, Respondents Below, Col. Thomas Kirk, Superintendent of the Division of Public Safety, Respondent Below, Appellant. STATE of West Virginia ex rel. Thomas KIRK, Superintendent of the Division of Public Safety, Petitioner, v. Glen B. GAINER, Jr., Auditor of the State of West Virginia; Larrie Bailey, Treasurer of the State of West Virginia; and John T. Gribben, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 21, 1996.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Donald L. Darling, Senior Deputy Attorney General, Charleston, for Col. Thomas Kirk.

Michael C. Allen, Barbara H. Allen, James A. McKowen, Allen & Allen, L.C., Charleston, for John T. Gribben, et al.

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Kelli D. Talbott, Senior Assistant Attorney General, Charleston, for Glen B. Gainer, Jr. and Larrie Bailey.

Dana F. Eddy, General Counsel, Office of the Governor, Charleston, for Governor Gaston Caperton.

Michael Mowery, General Counsel, Alison Patient, Chief Counsel to House Finance Committee, West Virginia House of Delegates, for Robert "Chuck" Chambers Speaker of West Virginia House of Delegates.

Michael Crane, Counsel to the President, Jennifer Walker, Counsel to Senate Judiciary Committee, West Virginia Senate, for Earl Ray Tomblin, President of the West Virginia Senate, Amici Curiae.


PER CURIAM:

This Court has consolidated two actions before it because both concern the payment of a judgment to certain state police officers for unpaid overtime which this Court addressed in Gribben v. Kirk, 195 W.Va. 488, 466 S.E.2d 147 (1995) (in order to avoid confusion we will refer to the prior case as Gribben I and to the two actions now before us as Gribben II). In the...

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