DONALD RUSSELL, District Judge.
The defendant, by motion to dismiss, challenges the claim of diversity of citizenship as a basis for the Court's jurisdiction herein.
The issue posed by the motion revolves about the domicile of the plaintiff. If, as the defendant urges, plaintiff's domicile is South Carolina, jurisdiction fails; should he retain a domicile in West Virginia, diversity exists and the motion must fail.
The undisputed facts establish that...
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