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NUCHIMS v. STATE OF W. VA.

Civ. A. No. 2:89-1101.

724 F.Supp. 1219 (1989)

Paul NUCHIMS, on his behalf and on behalf of all similarly situated persons, and John Finnegan, Grace Norton and Edwin D. Hoffman v. The STATE OF WEST VIRGINIA.

United States District Court, S.D. West Virginia, Charleston Division.

November 17, 1989.

Attorney(s) appearing for the Case

Guy R. Bucci, Bucci & Ranson, Charleston, W.Va., for plaintiff.

Bruce Ray Walker, Deputy Atty. Gen., and Daniel R. Schuda, Steptoe & Johnson, Charleston, W.Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is Defendant's motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have submitted memoranda in support of their respective positions, and the matter is mature for the Court's consideration.

The Plaintiffs brought this action on their own behalf against the Defendant, State...

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