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McDANIEL v. WEST VIRGINIA DIV. OF LABOR

Nos. 31272, 31273.

591 S.E.2d 277 (2003)

214 W.Va. 719

Larry McDANIEL, Petitioner Below, Appellee, v. WEST VIRGINIA DIVISION OF LABOR, Respondent Below, Appellant. L. Dean Schwartz and Michael Johnston, Petitioners Below, Appellees, v. West Virginia Division of Labor, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 4, 2003.

Concurring Opinion of Justice Albright December 8, 2003.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Katherine A. Campbell, Esq., Assistant Attorney General, Shirley Skaggs, Esq., Assistant Attorney General, Charleston, for the Appellant, West Virginia Division of Labor.

George J. Cosenza, Esq., Cosenza, Merriman & Wolf, PLLC, Parkersburg, for the Appellee, Larry McDaniel.

Joseph M. Brown, Esq., Parkersburg, for the Appellees, L. Dean Schwartz and Michael Johnston.

DAVIS, Justice.

The appellant herein, and respondent below, the West Virginia Division of Labor [hereinafter referred to as "the Division" or "Division of Labor"], appeals from two orders entered by the Circuit Court of Wood County. In Case Number 31272, the Division appeals from the circuit court's July 10, 2002, order finding that the appellee herein, and petitioner below, Larry McDaniel [hereinafter referred to as "Mr...

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