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MOORE v. CONSOLIDATION COAL CO.

No. 29992.

567 S.E.2d 661 (2002)

211 W.Va. 651

Harold MOORE, Clifford Cutlip, Michael Jackson, Fred Morgan, Ted Rife, Richard Keener, Pat Vavrock, Steve Slavensky and Edward Cummings, Plaintiffs Below, Appellants, v. CONSOLIDATION COAL COMPANY, and Consolidation Coal Company Morgantown Operations, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2002.

Concurring Opinion of Chief Justice Davis July 3, 2002.

Attorney(s) appearing for the Case

Jacques R. Williams, Esq., Hamstead, Hamstead & Williams, Morgantown, Larry W. Mayfield, Esq., Gianola, Barnum & Wigal, Morgantown, C. Paul Estep, Esq., Kingwood, for Appellants.

Stephen M. LaCagnin, Esq., Jackson & Kelly, Morgantown, Robert M. Vukas, Esq., Consol, Inc., Pittsburgh, PA, for Appellees.

McGRAW, Justice.

Appellants in this case are eight coal miners1 who brought suit against appellee Consolidation Coal Company ("Consol") under the West Virginia Human Rights Act (the "Human Rights Act"), W. Va.Code §§ 5-11-1 to -20, alleging that Consol, in the process of closing its Arkwright mine in 1995, systematically discriminated against them on the basis of age by transferring...

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