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TRANSP., DIV. OF HIGHWAYS DEPT. v. LITTEN

No. 12-0287.

744 S.E.2d 327 (2013)

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Petitioner, v. Kenneth R. LITTEN, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Krista D. Black, Esq. , West Virginia Department of Transportation, Division of Highways, Legal Division, Charleston, WV, for the Petitioner.

Katherine L. Dooley, Esq. , The Dooley Law Firm, P.L.L.C., Charleston, WV, for the Respondent.

PER CURIAM:

The West Virginia Department of Transportation, Division of Highways ("DOH"), appeals the order of the Circuit Court of Kanawha County which affirmed the decision of the West Virginia Public Employees Grievance Board. Pursuant to the decision of the Board, Kenneth R. Litten ("Litten"), a mechanic, was reinstated to his employment.

Litten's employment with the DOH was terminated for allegedly accessing and attempting to access pornographic websites...

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