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FIELDS v. PERFORMANCE FOODS CORP.

Civil Action No. 2:11-cv-00113.

832 F.Supp.2d 655 (2011)

Melissa Ann FIELDS, Plaintiff, v. PERFORMANCE FOODS CORPORATION, et al., Defendants.

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

May 25, 2011.

Attorney(s) appearing for the Case

Robert B. Warner, Truman C. Griffith, Warner Law Offices, Charleston, WV, for Plaintiff.

Corey L. Palumbo, Thomas M. Hancock, Bowles Rice McDavid Graff & Love, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is Performance Foods Corp.'s Motion to Dismiss [Docket 4]. For the reasons explained below, the motion is DENIED.

I. Background

The plaintiff, Melissa Ann Fields, worked for the defendant, Performance Foods Corp., at the defendant's Long John Silver's restaurant in Ripley, West Virginia. On the night of January 28, 2009, restaurant manager...

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