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LAMBERT v. GARTIN

No. 30106.

566 S.E.2d 633 (2002)

211 W.Va. 496

Gary LAMBERT, Plaintiff Below, Appellant, v. Hercil GARTIN, in His Official Capacity as Cabell County Sheriff; and Larry Stephens, in His Official Capacity as Cabell County Jail Administrator; and Evelyn Richards, in Her Official Capacity as Cabell County Commissioner; and L.D. Egnor, in His Official Capacity as Cabell County Commissioner; and J.R. Blankenship, in His Official Capacity as Cabell County Commissioner Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 19, 2002.

Attorney(s) appearing for the Case

D. Scott Bellomy, Esq., Ryan Turner, Esq., Bellomy & Turner, Huntington, West Virginia, Attorneys for Gary Lambert.

George A. Stolze, Esq., Huntington, West Virginia, Attorney for Hercil Gartin.

William T. Watson, Esq., Huntington, West Virginia, Attorney for Richards, Egnor & Blankenship.

PER CURIAM:

Gary Lambert, the appellant, appeals the May 7, 2001 order of the Circuit Court of Cabell County which dismissed his complaint against the Sheriff, Jail Administrator, and Commissioners of Cabell County pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. In his complaint, the appellant, a correctional officer who holds the rank of sergeant, alleged that he is entitled to additional compensation for duties he performed which were regularly...

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