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AFFILIATED CONST. v. W.V. DEPT. OF TRANSP.

No. 35742.

713 S.E.2d 809 (2011)

THE AFFILIATED CONSTRUCTION TRADES FOUNDATION, A Division of the West Virginia State Building and Construction Trades Council, AFL-CIO, Plaintiff Below, Appellant v. WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, Division of Highways; and Nicewonder Contracting, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 22, 2011.

Attorney(s) appearing for the Case

Vincent Trivelli, Esq. , Law Office of Vincent Trivelli, PLLC, Morgantown, WV, for the Appellant Affiliated Construction Trades Foundation.

Anthony G. Halkias, Esq. , Jeff J. Miller, Esq. , West Virginia Department of Transportation, Division of Highways Legal Division, Charleston, WV, for Appellee West Virginia Department of Transportation, Division of Highways.

Forrest H. Roles, Esq. , Robert M. Stonestreet, Esq. , Dinsmore & Shohl, LLP, Charleston, WV, for Appellee Nicewonder Contracting, Inc.

KETCHUM, J.:

The Affiliated Construction Trades Foundation ("ACT"), a division of the West Virginia State Building and Construction Trades Council, AFL-CIO ("Council"), appeals the May 7, 2010, order of the Circuit Court of Kanawha County dismissing its Declaratory Judgment action against the appellees, West Virginia Department of Transportation, Division of Highways ("DOH") and Nicewonder Contracting, Inc. ("Nicewonder").

In dismissing ACT's Declaratory Judgment...

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