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SPRADLING v. BLACKBURN

Civil Action No. 2:95-0265.

919 F.Supp. 969 (1996)

James T. SPRADLING, James Armstead and Ralph Page, Plaintiffs, v. Burl C. BLACKBURN, former employee of Sears, Roebuck and Co., and Sears, Roebuck and Co., Defendants.

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

April 2, 1996.

Attorney(s) appearing for the Case

Patrick L. Cottrell, Steven L. Miller Law Offices, Cross Lanes, WV, for plaintiffs.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, WV, Joe C. Ashworth and Susan Brahm Gunn, Jackson, Lewis, Schnitzler & Krupman, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants' motion for summary judgment. For the reasons set forth below, Defendants' motion is GRANTED.1

I. FACTUAL DEVELOPMENT

Plaintiffs James T. Spradling, James Armstead and Ralph Page are all over fifty years of age. Spradling commenced work with Defendant Sears, Roebuck & Company (Sears) on July 28, 1969. Armstead began...

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