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KOSNOSKI v. HOWLEY

No. 93-1799.

33 F.3d 376 (1994)

Robert L. KOSNOSKI, Plaintiff-Appellant, v. James R. HOWLEY; Howley Group Limited, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1994.

Attorney(s) appearing for the Case

ARGUED: Gregory Lee Lyons, Moss & Rocovich, P.C., Roanoke, VA, for appellant. David B. Buerger, Pittsburgh, PA, for appellees. ON BRIEF: Gerald A. Dechow, Moss & Rocovich, P.C., Roanoke, VA; Pat Fragile, Wooton, Wooton & Fragile, Beckley, WV, for appellant. Melissa Manson Hambrick, Ditrapano & Jackson, Charleston, WV, for appellees.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and SPROUSE, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WILLIAMS and Senior Judge SPROUSE joined.

OPINION

ERVIN, Chief Judge:

This is the second appeal to this court arising from a diversity action in the United States District Court for the Southern District of West Virginia. Jurisdiction in the district court was proper based on 28 U.S.C. § 1332. Robert Kosnoski (Kosnoski), an unsuccessful plaintiff in the litigation...

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