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LEGG v. FELINTON

No. 33044.

637 S.E.2d 576 (2006)

Captain Earl F. LEGG, Jr., Plaintiff Below, Appellee, v. Mayor David A. FELINTON, and the City of Huntington, West Virginia, and the City of Huntington, West Virginia Firefighter's Civil Service Commission, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided: October 5, 2006.

Attorney(s) appearing for the Case

Scott E. McClure, Christopher Dean, Huntington, for the Appellants.

J. Roger Smith, II, Tyler B. Smith, Huntington, for the Appellee.

PER CURIAM.

This is an appeal by the City of Huntington (hereinafter "`City) from an order of the Circuit Court of Cabell County reversing a decision of the Firemen's Civil Service Commission (hereinafter `Commission') which upheld the City's suspension of Captain Earl F. Legg, Jr., (hereinafter `Appellee") based upon a drug test conducted upon the Appellee. The City seeks reversal of the circuit court's order and a reinstatement of the Commission's decision permitting...

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