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STATE v. WILSON

No. 17-0630.

806 S.E.2d 794 (2017)

STATE of West Virginia EX REL. FAIRMONT STATE UNIVERSITY BOARD OF GOVERNORS, Petitioner v. The Honorable Patrick N. WILSON, Galen Hansen, Albert Magro, and West Virginia Higher Education Policy Commission, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 1, 2017.

Attorney(s) appearing for the Case

Patrick Morrissey, Esq. , Attorney General, Dawn E. George, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for the Petitioner.

Jerry A. Carbo, Esq. , Shippensburg, Pennsylvania, Counsel for the Respondents, Galen Hanson and Albert Magro.

Candace Kraus, Esq. , West Virginia Higher Education Policy Commission, Charleston, West Virginia, Counsel for the Respondent, West Virginia Higher Education Policy Commission.

The Fairmont State University Board of Governors ("Fairmont State") and the West Virginia Higher Education Policy Commission ("HEPC") were sued in the Circuit Court of Marion County by some faculty members of Fairmont State. Fairmont State and the HEPC filed identical motions to dismiss the lawsuit based on, among other things,...

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