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BROWN v. CITY OF MONTGOMERY

No. 12-1534.

755 S.E.2d 653 (2014)

Jackie L. BROWN, II, Plaintiff Below, Petitioner v. The CITY OF MONTGOMERY, A Municipal Corporation; and James F. Higgins, Jr., individually and in his official Capacity as Mayor of the City of Montgomery, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Michael T. Clifford, Esq. , Richelle K. Garlow, Esq. , Law Office of Michael T. Clifford, Charleston, WV, Counsel for the Petitioner.

Vaughn T. Sizemore, Esq. , Bailey & Wyant, PLLC, Charleston, WV, Counsel for the Respondents.

BENJAMIN, Justice:

Petitioner Jackie L. Brown, II appeals the November 16, 2012, order of the Circuit Court of Fayette County that granted the motion to dismiss of Respondents City of Montgomery and Mayor James F. Higgins, Jr., in the petitioner's wrongful discharge action.1 Because we find that the petitioner stated a claim for discharge in contravention of a substantial public policy, we reverse the circuit court's order on that issue...

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