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SMITH v. DIV. OF REHABILITATIVE SERVICES

No. 27779.

540 S.E.2d 152 (2000)

Carolyn SMITH and Carolyn Jones, Appellants below, Appellants, v. WEST VIRGINIA DIVISION OF REHABILITATIVE SERVICES AND DIVISION OF PERSONNEL, Appellees below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Henry M. Hills, III, Esq., Crandall, Pyles, Haviland & Turner, Logan, West Virginia, Attorney for Appellants.

Darrell V. McGraw, Jr., Esq., Attorney General, Donald L. Darling, Esq., Senior Deputy Attorney General, Charleston, West Virginia, Attorneys for Division of Personnel.

Robert M. Nunley, Esq., Employment Programs Litigation Unit, Charleston, West Virginia, Attorney for Division of Rehabilitative Services.

STARCHER, Justice:

In the instant case we hold that the default provisions of new language in the state employee grievance law apply to conduct that occurred after the effective date of the applicable statutory language.

I.

Facts & Background

The pertinent facts of the instant case are simple and undisputed. The appellants, Carolyn Smith and Carolyn Jones, are employees of the appellee...

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