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GIANNINI v. FIREMEN'S CIVIL SERVICE COM'N

No. 33074.

640 S.E.2d 122 (2006)

Michael GIANNINI, Plaintiff Below, Appellee, v. THE FIREMEN'S CIVIL SERVICE COMMISSION OF THE CITY OF HUNTINGTON, and David A. Felinton, Mayor of the City of Huntington, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided: November 16, 2006.

Attorney(s) appearing for the Case

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

R. Matthew Vital, Vital & Vital, L.C., Huntington, for the Appellee.

ALBRIGHT, Justice.

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 termination of firefighter Michael Giannini (hereinafter "Appellee") based upon his possession of cocaine. The City seeks reversal of the circuit court's order and reinstatement of the Commission's decision permitting...

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