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MASON v. CITY OF MARTINSBURG

No. 18249.

380 S.E.2d 436 (1989)

Carolyn E. MASON v. CITY OF MARTINSBURG.

Supreme Court of Appeals of West Virginia.

April 18, 1989.

Attorney(s) appearing for the Case

James F. Wallington, Stanley M. Hostler, Hostler & Segal, Charleston, Homer A. Speaker, Sanders & Speaker, Martinsburg, for appellant.

J. Oakley Seibert, Rice, Hannis & Douglas, Martinsburg, for appellee.

BROTHERTON, Chief Justice:

This is an appeal from the final order of the Circuit Court of Berkeley County dismissing the appellant's civil action as barred by the ninety-day time period contained in W.Va.Code § 5-11-13(b) (1987). The appellant argues that the ninety (90) day time period prescribed in W.Va.Code § 5-11-13(b) commences upon receipt by the complainant of written notice of the right to sue; thus, the trial court erred in finding that the ninety...

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