NAPIER v. LINCOLN COUNTY BD. OF EDUC.

No. 28486.

551 S.E.2d 362 (2001)

209 W.Va. 719

Christina NAPIER, Plaintiff Below, Appellant v. LINCOLN COUNTY BOARD OF EDUCATION, Defendant Below, Appellee

Supreme Court of Appeals of West Virginia.

Decided July 2, 2001.


Attorney(s) appearing for the Case

Jason A. Poling, Esq., Tyson & Tyson, Huntington, West Virginia, Attorneys for Appellant.

James W. Gabehart, Esq., Hamlin, West Virginia, Attorneys for Appellee.


McGRAW, Chief Justice:

The appellant, Christina Napier, challenges the final order of the Circuit Court of Lincoln County, which upheld a determination by an Administrative Law Judge ("ALJ") of the Education and State Employees Grievance Board ("Grievance Board") that it was without jurisdiction to hear Ms. Napier's grievance because the federally-funded position which she had sought, but failed to obtain, was not that of an "employee" of the appellee Lincoln County...

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