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STANLEY v. SEWELL COAL CO.

No. 14857.

285 S.E.2d 679 (1981)

Kenneth E. STANLEY v. SEWELL COAL CO., a Corp.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion January 8, 1982.

Attorney(s) appearing for the Case

Joseph R. Martin, Sutton, for appellant.

Jackson, Kelly, Holt & O'Farrell, Roger A. Wolfe, Charleston, for appellee.

MILLER, Justice:

Kenneth E. Stanley appeals from a judgment of the Circuit Court of Nicholas County dismissing his retaliatory discharge action against Sewell Coal Company (Sewell) on the ground that it was time-barred by the one-year limitation period of W.Va. Code, 55-2-12(c). Stanley contends that his action sounds in contract and that the applicable limitation period is therefore five years under W.Va.Code, 55-2-6. Alternatively, Stanley argues that his action...

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