West Virginia Supreme Court

Dorwin Conaway v. Eastern Associated Coal Corporation

June 8, 1987178 W. Va. 164

Summary

The court affirmed summary judgment for Eastern on Conaway's claims for wrongful discharge, interference with disability and pension benefits, breach of contract, and age discrimination. It held that the non-age claims were either time-barred, unsupported by evidence, or not shown to violate the governing employment policy, and that Conaway failed to produce evidence linking his discharge to his age. McGRAW, Chief Justice, dissenting, would have reversed because the case involved disputed motive and intent and the majority applied an improperly stringent prima facie standard.