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HOLMES v. BOARD OF EDUC. OF BERKELEY

No. 25979.

526 S.E.2d 310 (1999)

206 W.Va. 534

Victor HOLMES, Defendant Below, Appellee, v. The BOARD OF EDUCATION OF BERKELEY COUNTY, Appellee Below, Appellee, and David Rogers, Intervenor/Appellee Below, Defendant.

Supreme Court of Appeals of West Virginia.

Decided November 17, 1999.

Dissenting Opinion of Chief Justice Starcher January 12, 2000.

Attorney(s) appearing for the Case

Daniel C. Staggers, Esq., Staggers & Staggers, Keyser, West Virginia, and Suzanne M. Weise, Esq., Patrick C. McGinley, Esq., Morgantown, West Virginia, Attorneys for Holmes.

Erwin Conrad, Esq., Fayetteville, West Virginia, Attorney for Berkeley County Board of Education.

Lawrence M. Schultz, Esq., Burke & Schultz, Martinsburg, West Virginia, Attorney for Rogers.

MAYNARD, Justice:

The question before us is which of two applicants, David Rogers or Victor Holmes, should be awarded the position of head varsity basketball coach at Martinsburg High School (MHS). The defendant, David Rogers, appeals from the September 30, 1998 order of the Circuit Court of Kanawha County, West Virginia, which reversed the decision of the West Virginia Education and State Employees Grievance Board (Grievance Board) and reinstated Victor Holmes to...

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