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PUGH v. POLICEMEN'S CIVIL SERVICE

No. 31232, 31233.

590 S.E.2d 691 (2003)

214 W.Va. 498

The Honorable Emmitt S. PUGH, III, in his official capacity as Mayor of the City of Beckley, Petitioner Below, Appellee, v. The POLICEMEN'S CIVIL SERVICE COMMISSION OF the CITY OF BECKLEY, Doug Epling, John White, and James A. Davis, duly appointed commissioners of the Policemen's Civil Service Commission for the City of Beckley, Respondents Below. and Sergeant Wesley C. Bowden, Respondent Below, Appellant. and The Honorable Emmitt S. Pugh, III, in his official capacity as Mayor of the City of Beckley, Petitioner Below, Appellee, v. The Policemen's Civil Service Commission of the City of Beckley, Doug Epling, John White, and James A. Davis, duly appointed commissioners of the Policemen's Civil Service Commission for the City of Beckley, Respondents Below, Appellants. and Sergeant Wesley C. Bowden, Respondent Below.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2003.

Concurring Opinion of Justice Davis December 4, 2003.

Concurring and Dissenting of Justice McGraw December 5, 2003.

Attorney(s) appearing for the Case

Bernard A. Greer, Esq., Beckley, West Virginia, Attorney for Emmitt S. Pugh, III.

Mark Matkovich, Esq., Law Office of the City Attorney, Beckley, West Virginia, Attorney for the City of Beckley.

Benny G. Jones, Esq., Beckley, West Virginia, Attorney for Sgt. W.C. Bowden.

Forrest H. Roles, Esq., Mark A. Carter, Esq., Denise Lynn Avampato, Esq., Dinsmore & Shohl, Charleston, West Virginia, Attorney for The Policemen's Civil Service Commission, Doug Epling, John White and James A. Davis.

PER CURIAM:

As chief executive officer of the City of Beckley, Mayor Emmitt S. Pugh, III, filed a petition seeking to prohibit the Policemen's Civil Service Commission for the City of Beckley from investigating whether a vacancy existed in the City of Beckley's Police Department.

The Raleigh County Circuit Court granted Mayor Pugh's petition barring the Policemen's Civil...

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