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HUMAN RIGHTS COM'N v. WILSON ESTATES

No. 24142.

503 S.E.2d 6 (1998)

202 W.Va. 152

WEST VIRGINIA HUMAN RIGHTS COMMISSION, on its own behalf and on behalf of Caprice A. Stephen, Appellant, v. WILSON ESTATES, INC., A West Virginia Corporation, and Brian K. Wilson, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1998.

Concurring Opinion of Justice McCuskey June 1, 1998.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Mary Blain McLaughlin, Assistant Attorney General, Charleston, for Appellant.

Stephen R. Brooks, Furbee, Amos, Webb & Critchfield, Fairmont, for Appellees.

WORKMAN, Justice:

The West Virginia Human Rights Commission ("Commission")1 appeals from an order of the Circuit Court of Marion County dated October 18, 1996, granting summary judgment to Appellees, Wilson Estates, Inc., and Brian K. Wilson, in a housing discrimination action brought under the West Virginia Fair Housing Act (hereinafter sometimes referred to as the "Act"), West Virginia Code §§ 5-11A-1 to 20 (1994). Without...

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