Durig v. Bd. of Education of the County of Wetzel (concurring)
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No. 31672 Kevin Durig v. The Board of Education of the County of Wetzel McGraw, Justice, concurring: FILED July 21, 2004 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I concur with the majority in this case, as I believe the record is replete with evidence that the Appellant performed essentially identical duties as the two 261-day contract employees and, accordingly, is entitled to a 261-day contract and the benefits associated therewith. I depart from the majority only to the extent that, in my view, the Appellant should have also been awarded back pay. Based upon the above, I respectfully concur.
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