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BURKE-PARSONS-BOWLBY CORP. v. RICE

No. 11-0183.

736 S.E.2d 338 (2012)

The BURKE-PARSONS-BOWLBY CORPORATION, a West Virginia corporation; Stella-Jones U.S. Holding Corporation, a Delaware corporation; and Stella-Jones, Inc., a foreign corporation; Defendants Below, Petitioners v. Sandra D. RICE, Executrix of the Estate of Jerold John Rice, Jr., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 7, 2012.

Attorney(s) appearing for the Case

Roger A. Wolfe, Esq. , Jackson & Kelly, Charleston, WV, Kevin E. Hyde , PHV, Jonathan W. Oliff , PHV, Foley & Larnder, Jacksonville, FL, for the Petitioners.

Mark A. Atkinson, Esq. , Paul L. Frampton, Jr., Esq. , Atkinson & Polak, Charleston, WV, for the Respondent.

KETCHUM, Chief Justice:

This action alleging age discrimination is before this Court upon the appeal of The Burke-Parsons-Bowlby Corporation, Stella-Jones U.S. Holding Corporation and Stella-Jones, Inc. ("Burke-Parsons-Bowlby," "Stella-Jones" or "defendants") from the January 12, 2011, order of the Circuit Court of Jackson County denying the defendants' motion for a new trial. Finding that the defendants wrongfully terminated the employment of the plaintiff, Jerold...

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