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ELSWICK v. DANIELS ELECTRIC INC.

Civil Action No. 2:10-01336.

787 F.Supp.2d 443 (2011)

John ELSWICK, Plaintiff, v. DANIELS ELECTRIC INC., Defendant.

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

April 15, 2011.

Attorney(s) appearing for the Case

Timothy P. Rosinsky, Rosinsky Law Office, Huntington, WV, for Plaintiff.

Joy B. Mega, Mark H. Dellinger, Bowles Rice McDavid Graff & Love, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is defendant's motion to dismiss, filed November 29, 2010.

I.

Plaintiff John Elswick filed this action in the Circuit Court of Kanawha County, West Virginia, on October 27, 2010. The relevant facts, as set forth in the complaint and incorporated documents, are as follows. Elswick, who is a citizen and...

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