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STATE EX REL. MARSHALL CTY. COM'N v. CARTER

No. 35272.

689 S.E.2d 796 (2010)

STATE of West Virginia ex rel. MARSHALL COUNTY COMMISSION and Marshall County Communication 911, Petitioners v. Phyllis H. CARTER, Administrative Law Judge, West Virginia Human Rights Commission and John R. Briggs, Respondents.

Supreme Court of Appeals of West Virginia.

Decided January 29, 2010.

Concurring Opinion of Justice Workman February 1, 2010.

Attorney(s) appearing for the Case

Thomas E. Buck, Esq., Jason P. Pockl, Esq., Bailey & Wyant, Wheeling, WV, for Petitioners.

Darrell V. McGraw, Jr., Esq., Attorney General, Jamie S. Alley, Esq., Senior Assistant Attorney General, Civil Rights Division, Charleston, WV, for Respondents.

BENJAMIN, Justice:

The petitioners and defendants below, the Marshall County Commission and Marshall County Communication 911, seek extraordinary relief to prevent the enforcement of an order entered by Respondent Chief Administrative Law Judge Phyllis H. Carter in a claim brought by Respondent John R. Briggs under the State Human Rights Act. The order complained of by the petitioners directs them to produce for in camera inspection by the administrative law...

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