Database Search Result Details
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First Name
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NELLAJEAN
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Last Name
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BUMGARDNER
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Decision Date
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2/28/1989
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Docket Number
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43-88-119
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ALJ
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NK
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Respondent
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RITCHIE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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PROFESSIONAL
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Topics
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TRANSFER
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Primary Issues
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Reasons
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Outcome
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GRANTED
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Statutes
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18A-2-7
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Related Cases
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327 S.E.2D 691 (W.VA. 1984); 256 S.E.2D 592
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Keywords
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TRANSFER; REASONS
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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