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Judge dismisses lawsuit over WVU smoking ban

MORGANTOWN, W.Va. -- An attorney for two men who sued West Virginia University over a new smoking ban says his clients will likely refile their lawsuit.

Monongalia Circuit Judge Phil Gaujot dismissed the lawsuit Monday, the same day the new tobacco policy went into effect.

The Dominion Post (http://bit.ly/12j6Cbw) says the plaintiffs failed to give WVU 30 days' notice of their intention to sue, as required under state law.

But attorney Todd Phillips says the judge didn't rule on the merits of the case.

Student Kyle Gregory and research assistant Dennis Cole sued June 12, more than a year after the Board of Governors approved the new policy.

WVU's lawyers then requested the dismissal.

Gregory and Cole argued the ban is discriminatory because it creates two classes of people, tobacco users and non-users.


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