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EASTHAM v. CITY OF HUNTINGTON

No. 33807.

671 S.E.2d 666 (2008)

Jason EASTHAM, Plaintiff Below, Appellee v. THE CITY OF HUNTINGTON, A Municipal Corporation, and David Felinton, Mayor for the City of Huntington, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided September 30, 2008.

Concurring Opinion of Justice Benjamin January 9, 2009.

Attorney(s) appearing for the Case

Scott E. McClure, Esq., Huntington, for the City of Huntington.

Bert Ketchum, Esq., Paul T. Farrell, Jr., Esq., Greene, Ketchum, Bailey, Walker, Farrell & Tweel, Huntington, for Jason Eastham.

Greg L. Howard, Jr., Esq., Bailey & Howard, Barboursville, for Josh Coffey.

PER CURIAM.1

This declaratory judgment action is before the Court upon an appeal by the City of Huntington from a final order of the Circuit Court of Cabell County entered on January 22, 2007. In that order, the circuit court ruled on behalf of Appellee Jason Eastham, a City of Huntington firefighter, and Appellee Josh Coffey, a City of Huntington police officer, declaring that the City of Huntington's residency requirement is void and...

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