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LIVINGSTON v. K-MART CORP.

No. Civ.A. 2:97-0689.

32 F.Supp.2d 369 (1998)

Bonnie D. LIVINGSTON, and James Livingston, Plaintiffs, v. K-MART CORPORATION, Defendant.

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

December 30, 1998.

Attorney(s) appearing for the Case

David S. Skeen, South Charleston, WV, for Plaintiffs.

Joseph S. Beeson and Brent D. Benjamin, Robinson & McElwee, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant's motion for summary judgment on all issues. The motion has been fully briefed and is ripe for decision. For reasons discussed below, the Court GRANTS the motion. Also pending is Plaintiff's motion for sanctions, pursuant to Federal Rule of Civil Procedure 37. As discussed below, this motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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