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LYNCH v. STATE OF W.VA.

Civ. A. No. 2:92-0246.

805 F.Supp. 12 (1992)

Michael J. LYNCH, Plaintiff, v. STATE OF WEST VIRGINIA; J. Edward Hamrick, III; and John H. Brown, Jr., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 28, 1992.

Attorney(s) appearing for the Case

James R. Sheatsley, Gorman, Sheatsley & Co., Beckley, W.Va., for plaintiff.

Robert D. Pollitt, Deputy Atty. Gen., William H. Hill, III, Asst. Atty. Gen., Charleston, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendant's amended motion to dismiss. Based on the Eleventh Amendment doctrine of sovereign immunity, the Court GRANTS dismissal of all counts against the State of West Virginia. The Court also GRANTS dismissal of counts three and four with respect to Edward Hamrick and John Brown. The Court declines to address the Constitutionality of W.Va.Code §§ 5B-1-13(a) and (f), and declines...

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