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TONEY v. FAMILY DOLLAR STORES, INC.

No. CIV.A. 2:02-0338.

273 F.Supp.2d 757 (2003)

Thomas TONEY and Shawn Toney, Plaintiffs, v. FAMILY DOLLAR STORES, INC., Family Dollar Services, Inc., and Family Dollar Trucking, Inc., Defendants.

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

July 29, 2003.

Attorney(s) appearing for the Case

L. Lee Javins, II, Bucci, Bailey & Javins, Robert B. Warner, Warner Law Offices, Charleston, WV, for Plaintiffs.

Richard L. Earles, Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending is Defendants' motion to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Western District of Virginia. These motions are DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

According to the Amended Complaint, Plaintiff Thomas Toney (Toney) was employed as a truck driver...

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