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HEETER CONST. v. HUMAN RIGHTS

No. 32512.

618 S.E.2d 592 (2005)

217 W.Va. 583

HEETER CONSTRUCTION, INC., Appellant, v. WEST VIRGINIA HUMAN RIGHTS COMMISSION, and Peter Kelly, Octavia E. Binder, Kerry L. Walker, Timothy E. Boykins, Sherri Thomas, and Andrea Thomas-Pauley, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 8, 2005.

Concurring Opinion of Justice Starcher July 12, 2005.

Attorney(s) appearing for the Case

James M. Cagle, Charleston, West Virginia, Attorney for the Appellant, Heeter Construction, Inc.

Harry P. Henshaw, III, Charleston, West Virginia, Amicus Curiae on behalf of Heeter Construction, Inc.

Darrell V. McGraw, Jr., Attorney General, Paul R. Sheridan, Deputy Attorney General, Charleston, West Virginia, Attorney for the Appellee, West Virginia Human Rights Commission.

PER CURIAM:

Heeter Construction, Inc. (hereinafter "Heeter") appeals from a final judgment order entered June 30, 2004, by the West Virginia Human Rights Commission (hereinafter "the Commission"). By that order, the Commission affirmed the decision of the administrative law judge (hereinafter "ALJ") as to liability and damages, finding Heeter engaged in unlawful discriminatory hiring practices. On appeal, Heeter argues that the hearing procedure was not conducted...

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