MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
I. Procedural History
The Plaintiff filed this action against The Kroger Company in the Circuit Court of Kanawha County, West Virginia, on January 3, 1983. Plaintiff's complaint alleged he was terminated from employment by Kroger in retaliation for his application for and receipt of Workmen's Compensation benefits. Plaintiff further complained that his termination was in violation of his statutory...
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