Legg v. Smith

NEELY, Justice:

Randal M. Legg appeals a decision of the circuit court that refused to require the City of Charleston to hire Mr. Legg as a fireman. The circuit court found that because there- were no material issues of fact, the plaintiff, as a matter of law, was not entitled to be hired. Because we agree that Mr. Legg is not entitled to be appointed to the city fire department, we affirm the judgment of the Circuit Court of Kana-wha County.

In January 1981, Mr. Legg and other candidates for employment by the City of Charleston’s fire department took written and oral examinations given by the…