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AKERS v. CAPERTON

Civ. A. No. 2:90-1152.

797 F.Supp. 514 (1992)

Donald AKERS, et al., Plaintiffs, v. Gaston CAPERTON, et al., Defendants.

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

July 30, 1992.

Attorney(s) appearing for the Case

Clinton W. Smith, Charleston, W.Va., for Akers.

William C. Garrett, Gassaway, W.Va., for Cayton, Hanlin, Richardson, Engelke and Pauley.

David L. Shuman, Charles E. Bailey, Kenneth Knopf and Jon L. Brown, Shuman, Annand & Poe, Charleston, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment. The Court partially grants the motions for summary judgment and ORDERS that this case proceed to trial to resolve the remaining issues.

Under Rule 56(e), Federal Rules of Civil Procedure, summary judgment is proper only:

"[I]f the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if...

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