SUAREZ CORP. INDUSTRIES v. McGRAW

No. 98-2696.

202 F.3d 676 (2000)

SUAREZ CORPORATION INDUSTRIES; Emerson Sonny Clopper; Patricia Clopper; Elizabeth Pishner, Plaintiffs-Appellees, v. Darrell V. McGRAW, Jr., Attorney General of the State of West Virginia, in his official capacity; Thomas Rodd, individually, Defendants-Appellants, and John Doe, I-III, individually, Defendants, Thomas Tinder, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2000.


Attorney(s) appearing for the Case

ARGUED: Rebecca Ann Baitty, REBECCA A. BAITTY, P.A., Sarasota, Florida, for Appellants. C. Allen Foster, PATTON BOGGS, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Rudolph L. DiTrapano, DITRAPANO, BARRETT & DIPIERO, Charleston, West Virginia, for Appellant McGraw; Robert F. Cohen, Jr., COHEN, ABATE & COHEN, L.C., Fairmont, West Virginia, for Appellant Rodd. Eric C. Rowe, PATTON BOGGS, L.L.P., Washington, D.C.; Herbert L. Hively, II, Hurricane, West Virginia, for Appellees.

Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Vacated and remanded by published opinion. Senior Judge Hamilton wrote the opinion, in which Judge Luttig and Judge Motz joined.

OPINION

HAMILTON, Senior Circuit Judge:

Darrell V. McGraw (McGraw), the Attorney General of West Virginia, and Thomas Rodd (Rodd), a former West Virginia Deputy Attorney General, appeal from that portion of a district court order that denied their motion for summary judgment on...

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