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WESTERN v. BUFFALO MIN. CO.

No. 14205.

251 S.E.2d 501 (1979)

Frank WESTERN, Jr., et al. v. BUFFALO MINING CO. and Lorado Super Market, Inc.

Supreme Court of Appeals of West Virginia.

January 23, 1979.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for appellants.

Zane Grey Staker, Paul E. Pinson, Huntington, for Lorado Super Market.

Campbell, Woods, Bagley, Emerson, McNeer & Herndon, James R. Bailes and Robert K. Emerson, Huntington, Valentine, Wilson & Partain, John C. Valentine, Logan, for Buffalo Mining Co.

MILLER, Justice:

Plaintiffs, Frank Western, Jr., and Johnie T. Sinett, appeal the dismissal of their suit against Buffalo Mining Company and Lorado Super Market, Inc. The trial court had sustained the defendants' plea of the statute of limitations, holding that the suit was a personal action and therefore barred by the two-year statute of limitations, W.Va. Code, 55-2-12. We disagree and reverse.

Plaintiffs were employed by Buffalo Mining Company and had executed...

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