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DAILEY v. BOARD OF REVIEW

No. 30730.

589 S.E.2d 797 (2003)

214 W.Va. 419

Gary DAILEY, Petitioner, v. BOARD OF REVIEW, WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS; William F. Vieweg, Commissioner, Bureau of Employment Programs; and Executive Air Terminal, Inc., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2003.

Dissenting Opinion of Justice Davis November 14, 2003.

Concurring Opinion of Justice Starcher December 12, 2003.

Attorney(s) appearing for the Case

Thomas P. Maroney, Charleston, for the Petitioner.

Fred F. Holroyd, Holroyd & Yost, Charleston, for the Respondent, Executive Air Terminal.

ALBRIGHT, Justice:

This is an appeal by Gary Dailey (hereinafter "Appellant") from a November 9, 2001, final order of the Circuit Court of Kanawha County affirming an order of the Board of Review of the West Virginia Bureau of Employment Programs (hereinafter "Board") which held that the Appellant had been terminated from his employment for gross misconduct and denied the Appellant unemployment compensation benefits. On...

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