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SLIVKA v. CAMDEN-CLARK MEMORIAL HOSP

No. 31404.

594 S.E.2d 616 (2004)

215 W.Va. 109

Michael SLIVKA, Plaintiff Below, Appellant, v. CAMDEN-CLARK MEMORIAL HOSPITAL AND PATRICIA WILLIAMS, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 19, 2004.

Concurring Opinion of Justice Starcher March 29, 2004.

Attorney(s) appearing for the Case

Walt Auvil, The Employment Law Center, PLLC, Parkersburg, West Virginia, Attorney for the Appellant.

Kevin A. Nelson, Jill Sinatra, Constance H. Weber, Kay Casto & Chaney, LLC, Charleston, West Virginia, Attorneys for the Appellees.

Patricia H. Stiller, Molly A. Superfesky, Law Office of Stiller & Mooney, PLLC, Morgantown, West Virginia, Attorneys for Amicus Curiae, The West Virginia Employment Lawyers Association.

Darrell V. McGraw, Jr., Attorney General, Paul R. Sheridan, Deputy Attorney General, Jonathan L. Matthews, Assistant Attorney General, Charleston, West Virginia, Attorneys for Amicus Curiae, The West Virginia Human Rights Commission.

ALBRIGHT, Justice:

Through this action, Michael Slivka, plaintiff below, appeals the September 24, 2002, order of the Circuit Court of Wood County granting summary judgment for the defendant below and appellee herein, Camden-Clark Memorial Hospital (hereinafter referred to as "Camden-Clark"). The complaint filed by Mr. Slivka in the circuit court alleged that Camden-Clark's policy of not hiring male nurses in the obstetrics unit of the hospital constituted gender...

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