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LITTLE v. WEST VIRGINIA ADJT. GEN.

No. 34270.

679 S.E.2d 622 (2009)

Jamey LITTLE, Plaintiff, v. WEST VIRGINIA ADJUTANT GENERAL, Defendant

Supreme Court of Appeals of West Virginia.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Gary E. Pullin, Esq., Traci L. Wiley, Esq., Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, WV, for Defendant.

Lonnie C. Simmons, Esq., Robert M. Bastress III, Esq., Di Trapano, Barrett & DiPiero, PLLC, Charleston, WV, for Plaintiff.

WORKMAN, Justice:

This case is before the Court upon the April 7, 2008, Order from the Circuit Court of Kanawha County, which certified a two-part question pursuant to West Virginia Code § 58-5-2 (2005).1 In certifying the question, the circuit court denied the Defendant's,2 the West Virginia Adjutant General's (hereinafter referred to as "Adjutant General") Motion for Summary Judgment. The question certified...

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