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KERN v. VERIZON COMMUNICATIONS, INC.

No. CIV.A.1:04 CV 262.

381 F.Supp.2d 532 (2005)

Alain F. KERN, Harley R. Coberly, Carson Fogg, Perry L. Harris, George J. Hinkle, Ricky L. Morrison, and Frederick L. Smith, Plaintiffs, v. VERIZON COMMUNICATIONS, INC. and Verizon West Virginia Inc., Defendants.

United States District Court, N.D. West Virginia.

August 10, 2005.

Attorney(s) appearing for the Case

Michael J. Florio, Florio Law Offices, Clarksburg, WV, for Plaintiffs.

David F. Dabbs, Robert F. Holland, McGuire Woods, LLP — Richmond, Richmond, VA, G. Thomas Smith, Smith, McMunn & Glover, PLLC, Clarksburg, WV, for Defendants.

MEMORANDUM OPINION & ORDER

KEELEY, District Judge.

Before the Court is a motion to dismiss filed by the defendants, Verizon Communications, Inc. and Verizon West Virginia, Inc. (collectively "Verizon") on December 30, 2004. The motion, which the Court construes as a motion for summary judgment, is fully briefed and ripe for review. For the following reasons, the Court GRANTS-IN-PART and DENIES-IN-PART the motion and ...

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