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COBB v. WEST VIRGINIA HUMAN RIGHTS COM'N

No. 31854.

619 S.E.2d 274 (2005)

217 W.Va. 761

Barbara COBB, Respondent Below, Appellant, v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and Beverly Wattie on behalf of Krystal Wattie, Complainants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 8, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

James M. Haviland, Robert J. Smith, Pyles Haviland Turner & Smith, L.L.P., Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Paul R. Sheridan, Deputy Attorney General, for Appellee.

BENJAMIN, Justice.

This is an appeal of the West Virginia Human Rights Commission's January 30, 2004 Final Order which adopted an Administrative Law Judge's Final Decision dated August 26, 2003 in its entirety. Upon extensive review of the record before the West Virginia Human Rights Commission ("HRC"), together with the briefs and argument of counsel, we reverse the HRC's January 30, 2004 Final Order for the reasons set forth below.

I.

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