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THOMAS MEMORIAL HOSP. v. BD. OF REVIEW

No. 32054.

620 S.E.2d 169 (2005)

218 W.Va. 29

HERBERT J. THOMAS MEMORIAL HOSPITAL, Appellant, v. BOARD OF REVIEW OF THE WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS; James G. Dillon, as Chairman Thereof; James Sago and Carole A.L. Bloom, as Members Thereof; Greg Burton, Commissioner of the Bureau of Employment Programs; and James M. Kirk, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 10, 2005.

Attorney(s) appearing for the Case

Charles M. Surber, Jr., Brian J. Moore, Jackson Kelly P.L.L.C., Charleston, for the Appellant.

PER CURIAM.

Herbert J. Thomas Memorial Hospital (hereinafter "Thomas" or "the hospital"), appeals from an order entered March 18, 2004, by the Circuit Court of Kanawha County. By that order, the circuit court affirmed the decision of the Board of Review of the West Virginia Bureau of Employment Programs (hereinafter "Board"), finding that the misconduct committed by Thomas' former employee, James Kirk (hereinafter "Mr. Kirk"), did not rise to the level of gross misconduct...

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