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MAIKOTTER v. UNIV. OF W.VA. BD. OF TRUSTEES

No. 26110.

527 S.E.2d 802 (1999)

206 W.Va. 691

Eva Diane MAIKOTTER, Petitioner/Appellant Below, Appellant, v. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES/WEST VIRGINIA UNIVERSITY, Respondent/Appellee Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 14, 1999.

Attorney(s) appearing for the Case

Kathleen Abate, Esquire, Cohen, Abate & Cohen, Fairmont, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Kristi A. Rogucki, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

McGRAW, Justice:

An employee appeals a lower court decision denying her grievance regarding a promotion. Appellant employee argues that W. Va.Code § 18B-7-1(d)(1995)1 required the employer to hire her before looking outside the institution for other applicants for a posted position. Appellee West Virginia University maintains that the statute's application is limited to certain types of job openings. The employee, Eva Diane Maikotter...

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