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HEALTH MANAGEMENT, INC. v. LINDELL

No. 26010.

528 S.E.2d 762 (1999)

207 W.Va. 68

HEALTH MANAGEMENT, INC., Plaintiff Below, Appellee, v. Norman LINDELL, in his capacity as Acting Director of the West Virginia Human Rights Commission, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1999.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, John T. McFerrin, Assistant Attorney General, Janie O'Neal Peyton, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellant.

Theodore R. Dues, Jr., Esq., Charleston, West Virginia, Attorney for Appellee.

McGRAW, Justice:

The West Virginia Human Rights Commission (the "Commission") appeals the circuit court's issuance of a writ of prohibition preventing it from taking further action against appellee Health Management, Inc. ("HMI"), which was charged with discriminating against a nursing-home supervisor on the basis of gender. During the Commission's initial investigation, HMI asserted (with supporting documentary evidence) that it had fewer than twelve employees, and...

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