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WVU BD. OF GOV'RS v. WV HI. ED. POL. COM'N

No. 33208.

653 S.E.2d 649 (2007)

The WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS, the Staff Council of West Virginia University, Terry Nebel, and Charles L. Miller, Jr., Plaintiffs Below, Appellants v. The WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 24, 2007.

Attorney(s) appearing for the Case

Robert M. Bastress, Jr., Franklin D. Cleckley, Morgantown, for the Appellants.

Bruce Ray Walker, WV Higher Education Policy Commission, Charleston, for the Appellee.

ALBRIGHT, Justice:

This is an appeal by the West Virginia University Board of Governors; The Staff Council of West Virginia University; Terry Nebel; and Charles L. Miller, Jr., (hereinafter collectively referenced as "Appellants" or "WVU Board of Governors") from a summary judgment in a declaratory judgment action granted by the Circuit Court of Kanawha County in favor of the West Virginia Higher Education Policy Commission (hereinafter "Commission"). The summary...

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