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ESTATE OF STOLLINGS v. ENVIR. PROTECTION

No. 27757.

544 S.E.2d 700 (2001)

209 W.Va. 194

The ESTATE OF Berthold STOLLINGS, Deceased, Petitioner Below, Appellant, v. DIVISION OF ENVIRONMENTAL PROTECTION and Division of Personnel, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 9, 2001.

Dissenting Opinion of Justice Davis February 15, 2001.

Attorney(s) appearing for the Case

Harley E. Stollings, Summersville, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Rex L. Burford, Senior Assistant Attorney General, Charleston, for the Appellee Division of Environmental Protection.

Darrell V. McGraw, Jr., Attorney General, Donald L. Darling, Senior Deputy Attorney General, Charleston, for the Appellee Division of Personnel.

ALBRIGHT, Justice:

This is an appeal by Berthold Stollings (hereinafter "Appellant")1 from an October 4, 1999, final order of the Circuit Court of Logan County, West Virginia, affirming a decision by the West Virginia Education and State Employees Grievance Board (hereinafter "Board"). The Circuit Court agreed with the findings of the Board that the Appellant had been reclassified and that he was not entitled to a retroactive increase...

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