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FAIRMONT SPECIALTY v. HUMAN RIGHTS COM'N

No. 25335.

522 S.E.2d 180 (1999)

206 W.Va. 86

FAIRMONT SPECIALTY SERVICES, Appellant, v. The WEST VIRGINIA HUMAN RIGHTS COMMISSION and Irma P. Voyle, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1999.

Dissenting Opinion of Justice Davis July 20, 1999.

Concurring Opinion of Chief Justice Starcher November 4, 1999.

Attorney(s) appearing for the Case

Nancy W. Brown, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for Fairmont Specialty Services.

Darrell V. McGraw, Jr., Esq., Attorney General, Mary Catherine Buchmelter, Esq., Deputy Attorney General, Charleston, West Virginia, Attorneys for The West Virginia Human Rights Commission.

J. Lawrence Hajduk, Esq., Leslie Crosco, Esq., Hajduk and Associates, P.C., Markleysburg, Pennsylvania, Attorneys for Voyle.

WORKMAN, Justice:

This case is before this Court upon appeal from a final order of the West Virginia Human Rights Commission (hereinafter "Commission") entered on May 28, 1998.1 In September 1996, Appellee Irma Voyle filed a complaint with the Commission alleging that her employer, Fairmont Speciality Services (hereinafter "FSS"), unlawfully discriminated against her in violation of West Virginia...

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