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Raber v. Eastern Associated Coal
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1992 Term _________ NO. 20723 _________ CRAIG E. RABER, Plaintiff Below, Appellant V. EASTERN ASSOCIATED COAL CORPORATION, Defendant Below, Appellee ____________________________________________________________ Appeal from the Circuit Court of Marion County Honorable Fred L. Fox, II, Judge Civil Action No. 86-C-549 REVERSED AND REMANDED ____________________________________________________________ Submitted: September 22, 1992 Filed: November 13, 1992 Brent E. Beveridge Fairmont, West Virginia Attorney for the Appellant C. David Morrison Richard M. Yurko, Jr. Steptoe & Johnson Clarksburg, West Virginia Attorneys for Appellee The Opinion of the Court was delivered PER CURIAM. SYLLABUS BY THE COURT 1. "To successfully defend against a motion for summary judgment, the plaintiff must make some showing of fact which would support a prima facie case for his claim." Syllabus Point 2, Conaway v. Eastern Associated Coal Corp., 178 W. Va. 164, 358 S.E.2d 423 (1986). 2. "In order to make a prima facie case of employment discrimination under the West Virginia Human Rights Act, W. Va. Code

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