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BROWN v. CITY OF FAIRMONT, WEST VIRGINIA

No. 33354.

655 S.E.2d 563 (2007)

Joseph W. BROWN, Plaintiff Below, Appellant v. The CITY OF FAIRMONT, WEST VIRGINIA; Nick L. Fantasia, Individually and as Mayor, City of Fairmont, West Virginia, and Chairperson, Board of Trustees City of Fairmont Fireman's Pension and Relief Fund; James Emerick, Individually and as Secretary-treasurer, Board of Trustees, City of Fairmont Pension and Relief Fund; Robert Starn, Individually and as Past Secretary-treasurer, City of Fairmont Fireman's Pension and Relief Fund; Richard Bowers, Individually and as Member, City of Fairmont Fireman's Pension and Relief Fund; Bruce Mcdaniel, Individually and as City Manager, City of Fairmont; and Richard Starn, Individually and as Fire Chief, City of Fairmont Fireman's Pension and Relief Fund; and Eileen Layman, Individually and as Finance Director, City of Fairmont, West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.

Attorney(s) appearing for the Case

Debra T. Hall Herron, Esq., Tiffany R. Durst, Esq., Judy L. Shanholtz, Esq., Linda Hausman, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, for Appellant.

Boyd L. Warner, Esq., Brandy D. Bell, Esq., Waters, Warner & Harris, Clarksburg, for Appellees.

PER CURIAM:

The appellant, Joseph W. Brown, appeals the September 26, 2006, order of the Circuit Court of Marion County that granted summary judgment in favor of the appellees, the City of Fairmont and various officials of the City's firemen's pension and relief fond, in the appellant's action alleging that the appellees committed several torts in prematurely awarding the appellant's ex-wife her equitable portion of the appellant's firefighter's pension. For the reasons...

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