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MONTGOMERY v. STATE POLICE

No. 31644.

600 S.E.2d 223 (2004)

215 W.Va. 511

Criminalist V Terry G. MONTGOMERY, Petitioner Below, Appellant. v. WEST VIRGINIA STATE POLICE and Colonel Gary L. Edgell, Superintendent, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: June 17, 2004.

Attorney(s) appearing for the Case

David L. White, R. Christopher Anderson, Masters & Taylor, L.C., Charleston, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, Steven R. Compton, Assistant Attorney General, South Charleston, for the Appellees.

PER CURIAM.

Terry G. Montgomery appeals from the March 21, 2003, order of the Circuit Court of Kanawha County which affirmed an administrative decision upholding his discharge from the Appellee West Virginia State Police ("State Police"). Appellant's discharge stemmed from criminal charges filed against him for operating a motor vehicle while under the influence of alcohol. Because Appellant was acquitted for violating the criminal statute upon which his discharge...

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