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STATE v. McCOMPTON & SON LUMBER CO., INC.

No. 21982.

449 S.E.2d 71 (1994)

192 W.Va. 10

STATE of West Virginia ex rel. Andrew N. RICHARDSON, Commissioner, Bureau of Employment Programs, Division of Workers' Compensation, Department of Commerce, Labor and Environmental Resources, Plaintiff Below, Appellant, v. McCOMPTON & SON LUMBER COMPANY, INC., a West Virginia Corporation; Fred McGroary, in His Individual Capacity and as President and Incorporator of McCompton & Son Lumber Company, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1994.

Attorney(s) appearing for the Case

Vickie R. Dodd, Kim G. Farha, Diane Perera, and James S. Sharak, Asst. Attys. Gen., Charleston, for appellant.

Charles E. Hurt, Charleston, for appellees.

BROTHERTON, Chief Justice:

This case is before this Court on an appeal by the West Virginia Workers' Compensation Commissioner from the April 1, 1993, final order of the Circuit Court of Kanawha County, West Virginia. In that order, the court affirmed a prior order granting the appellee's motion for a summary judgment.

The facts in this case are relatively simple. McCompton & Son Lumber Company did business as a sawmill and was incorporated in West Virginia...

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