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POSTLEWAIT v. CITY OF WHEELING

No. 11-0206.

743 S.E.2d 309 (2012)

Albert POSTLEWAIT, Jr., Plaintiff Below, Petitioner, v. CITY OF WHEELING, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided January 19, 2012.

Attorney(s) appearing for the Case

Ronald Wm. Kasserman, Esq. , Kasserman Law Offices, PLLC, Wheeling, WV, Attorney for Petitioner.

Barbara G. Arnold, Esq. , MacCorkle Lavender & Sweeney, PLLC, Charleston, WV, Attorney for Respondent.

KETCHUM, Chief Justice:

In this appeal from the Circuit Court of Ohio County, we are asked to examine an order granting a defendant's motion for a new trial. We affirm the circuit court's order.

I.

Facts and Background

Plaintiff Albert Postlewait, Jr., filed an age-discrimination lawsuit against the City of Wheeling ("the City") under the West Virginia Human Rights Act.1 In 2005 — when the plaintiff...

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