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BOGGESS v. CITY OF CHARLESTON

No. 13-1261.

765 S.E.2d 255 (2014)

Myron BOGGESS and William Gill, et al., Plaintiffs Below, Petitioners v. CITY OF CHARLESTON, A West Virginia Municipal Corporation; Matthew P. Jackson, Eric E. Kinder, and Victor E. Sigmon, in their Capacity as Commissioners of the Firemen's Civil Service Commission of the City of Charleston, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 30, 2014.

Attorney(s) appearing for the Case

Thomas P. Maroney, Esq. , Patrick K. Maroney, Esq. , Maroney, Williams, Weaver & Pancake, PLLC, Charleston, WV, for Petitioners.

Thomas V. Flaherty, Esq. , Caleb P. Knight, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, WV, for Respondent City.

Arden J. Curry, II, Esq. , David K. Schwirian , Pauley Curry, PLLC Charleston, WV, for Respondent Commission and Commissioners, individually.

This matter is before the Court upon an appeal by Myron Boggess and William Gill, individually and in their capacities as representatives of 162 firefighters (hereinafter "the petitioners") from an October 7, 2013, order of the Circuit Court of Kanawha County granting summary judgment to the City of Charleston (hereinafter "the...

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