September 21, 1999 Argument Docket

1.	Tom's Convenient Food mart, Inc. v. WVDHHR & Charles Adkins - 25950 - Employer appeals final order of the W. Va. Human Rights Commission in an age discrimination action. The Commission awarded Mr. Akins back-pay and interest in the amount of $4,397.00 and incidental damages in the amount of $1,000.00.
2.	Jan-Care Ambulance Service, Inc., et al. v. PSC & Interstate Med. transport, et al. - 265005 - Petitioners seek a review of final orders of the Public Service Commission, which 1) authorized Interstate Medical Transport, Inc. to operate as a common carrier by motor vehicle in transportation of patients, and 2) authorized Sophia Volunteer Fire & Ambulance Service, Inc. to operate as a common carrier in transportation of passengers to and from the offices of physicians and other health care providers.
3.	Victor Holmes v. Board of Education of Berkeley County, et al. - 25979 - Petitioner appeals the circuit courts reversal of the Grievance Board's decision which upheld the Respondent Board's selection of Petitioner as the boys' basketball coach at Martinsburg High School.
4.	Health Management, Inc. v. Normal Lindell, Acting Director, HRC - 26010 - The Humans Rights Commission appeals from the circuit court's issuance of a writ of prohibition enjoining the Commission from proceeding to public hearing on a complaint for discrimination in employment.
5.	Deborah H. Cobb v. E.I. duPont deNemours & Co., et al - 26113 - The petitioner, Deborah H. Cobb, appeals from an order entered in the Circuit Court of Kanawha County granting summary judgment in favor of the respondents. The petitioner's action was based upon Persinger v. Peabody Coal Company, 196 W. Va. 707 (1996), which provides an action against an employer for fraudulently misrepresenting facts to the Workers' Compensation Division with the intention of depriving a claimant of WCC benefits.
6.	Terry Lee St. Peter v. Ampak-Division of Gatewood Products, Inc - 25861 - Plaintiff in a Humans Rights Act matter appeals the denial of a motion for attorney's fees and costs after a favorable jury verdict in an employment termination action. - Dismissed ~~Terry Lee St. Peter v. Ampak-Division of Gatewood Products, Inc - 25862 -~~~~Defendant appeals jury verdict for plaintiff in an employee discharge action~~.- Dismissed
7.	State of West Virginia v. James Robert Stephens - 25893 - ~~Defendant appeals conviction of first degree sexual assault (15 to 35) and conviction of the offense of sexual abuse by a custodian (5 to 15)~~. - Continued to 11/2/99.
8.	Mark A. Lynch v. Appalachian Power Co., et al. - 25982 - The petitioners challenge an adverse jury verdict returned in the Circuit Court of Mingo County. The jury awarded damages against the petitioners upon a determination that the respondent, an alcoholic and employee of the petitioners, had been discriminated against upon the basis of a disability. Dismissed.
9.	Wilma E. Vargo, Exex. v. Sandra L. Pine, et al. - 26111 - The petitioner, Wilma E. Vargo, appeals from a jury verdict returned in the Circuit Court of Brooke County in a wrongful death action. The petitioner, inter alia, contends that the verdict was inadequate.
10.	Peter S. Hartmann v. The Morningstar Building Co., Inc., et al. - 25981 - The petitioner, Peter Hartman, appeals from an order entered in the Circuit Court of Berkeley County dismissing his action for failure to prosecute.
11.	Joan Lipscomb v. Tucker County Commission - 25847 - This appeal concerns the non-payment of longevity (years of service) pay to the petitioner by the Tucker County Commission and is a follow-up to this Court's decision in Lipscomb v. Tucker County Commission, 197 W. Va. 84 (1996). The petitioner appeals from an adverse jury verdict.
12.	Stonewall Jackson Memorial Hospital v. American United Life Insurance Co., et al. - 25832 - The petitioner challenges an order of the Circuit Court of Lewis County granting summary judgment in favor of the respondents upon that portion of the petitioner's action relating to unfair insurance claims practices.
13.	Deborah N. Hicks v. Kenneth P. Hicks - 25977 - Deborah Hicks appeals the outcome of her child support modification petition. - Submitted on briefs
14.	SER Paul Farmer v. George Trent, Warden - 25855 - Paul Farmer appeals the dismissal of his habeas petition below. The judge found that Farmer's issues had been previously adjudicated or waived. Farmer seeks an omnibus habeas hearing on all of his grounds raised, particularly ineffective assistance of counsel.
*15.	SER Darrell L. Guthrie v. Hon. E. Lee Schlaegel, Jr., Judge - 26569 - No summary available.- Dismissed.

* This case will be heard immediately following completion of the Motion Docket

Tuesday, September 21, 1999