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RICHARDS v. WEST VIRGINIA DEPT. OF HEALTH

No. 30788.

582 S.E.2d 751 (2003)

213 W.Va. 304

James RICHARDS, Petitioner Below, Appellant, v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES/OFFICE OF MANAGEMENT INFORMATION SERVICES and West Virginia Division of Personnel, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 27, 2003.

Dissenting Opinion of Justice McGraw July 2, 2003.

Attorney(s) appearing for the Case

Kathryn Reed Bayless, Bayless & McFadden, Princeton, for Appellant.

Darrell V. McGraw, Jr., Attorney General, B. Allen Campbell, Assistant Attorney General, Karen O'Sullivan Thornton, Assistant Attorney General, for Appellees.

PER CURIAM:

James Richards, appellant/petitioner below (hereinafter referred to as "Mr. Richards"), appeals an order of the Circuit Court of Kanawha County affirming a decision of the West Virginia Education and State Employees Grievance Board (hereinafter referred to as "Grievance Board"). The Grievance Board denied Mr. Richards' request for reallocation of his position as an Information Systems Manager II (hereinafter...

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