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MORGAN v. CITY OF WHEELING

No. 25420.

516 S.E.2d 48 (1999)

205 W.Va. 34

Gary MORGAN, Plaintiff Below, Appellant, v. CITY OF WHEELING and the Police Department of the City of Wheeling, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 4, 1999.

Attorney(s) appearing for the Case

John F. Dascoli, Esq., Andrew J. Katz, Esq., The Segal Law Firm, Charleston, West Virginia, Attorneys for the Appellant.

Ronald M. Musser, Esq., Rosemary J. Humway-Warmuth, Esq., City of Wheeling, Wheeling, West Virginia, Attorneys for the Appellees.

MAYNARD, Justice:

This declaratory judgment action is before this Court upon an appeal from a final order of the Circuit Court of Ohio County entered on April 30, 1998. In that order, the circuit court entered declaratory judgment in favor of the appellees, the City of Wheeling and the Police Department of the City of Wheeling, declaring that W.Va.Code § 8-5-11 (1969) permits municipalities to establish residency requirements for municipal employees, so that...

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