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BAILEY v. NORFOLK AND WESTERN RY. CO.

No. 26004.

527 S.E.2d 516 (1999)

206 W.Va. 654

Joe BAILEY, et al., Plaintiffs Below, Appellees, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant Below, Appellant. Eddie S. Caldwell, et al., Plaintiffs Below, Appellees, v. Norfolk and Western Railway Company, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1999.

Concurring and Dissenting Opinion of Justice Maynard December 17, 1999.

Attorney(s) appearing for the Case

William Flanigan, Esquire, Lane O. Austin, Esquire, Sanders, Austin, Swope & Flanigan, Princeton, West Virginia, Attorneys for the Appellees, Bailey and Caldwell, et al.

Jeffrey S. Berlin, Esquire, Mark E. Martin, Esquire, Sidley & Austin, Washington, D.C., and Wade T. Watson, Esquire, Brumfield & Watson, Bluefield, West Virginia, and Mark D. Perreault, Esquire, Norfolk, Virginia, Attorneys for the Appellant.

McGRAW, Justice:

This is an appeal by Norfolk and Western Railway Company (hereinafter "the Railroad" or "Appellant")1 from a jury verdict in the Circuit Court of McDowell County finding that the Railroad had discriminated against sixty-seven employees upon the basis of age when it promoted those employees from brakemen to conductor and placed them at the bottom of the conductors' seniority...

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