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SOUTHERN v. EMERY WORLDWIDE

No. 2:90-1212.

788 F.Supp. 894 (1992)

Clarence R. SOUTHERN, et al., Plaintiffs, v. EMERY WORLDWIDE, A CF Company, Defendant.

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

April 2, 1992.

Attorney(s) appearing for the Case

Michael R. Crane, Forman, Kanner & Crane, Charleston, W.Va., George Zivkovich, Myers & Zivkovich, Parkersburg, W.Va., for plaintiffs.

Gene W. Bailey, II, Jackson & Kelly, Charleston, W.Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant's motion for summary judgment. The Court grants the Defendant's motion and ORDERS this action dismissed from the docket of the Court.

Under Rule 56(c), 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 any, show that there is no...

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