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MARION v. VIRGINIA ELEC. & POWER CO.

No. 93-2023.

52 F.3d 86 (1995)

Barry G. MARION, Plaintiff-Appellant, v. VIRGINIA ELECTRIC & POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1995.

Attorney(s) appearing for the Case

ARGUED: Brian R. Pitney, Kaestner & Associates, Richmond, VA, for appellant. Donald Lester Creach, Hunton & Williams, Richmond, VA, for appellee.ON BRIEF: Joseph W. Kaestner, Kaestner & Associates, Richmond, VA, for appellant. Hill B. Wellford, Jr., Thomas J. Mitchell, Hunton & Williams, Richmond, VA, for appellee.

Before ERVIN, Chief Judge, WIDENER, Circuit Judge, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Chief Judge ERVIN and Judge WILSON joined.

OPINION

WIDENER, Circuit Judge:

Barry G. Marion appeals the district court's refusal to remand his employment contract case to state court and its entry of summary judgment against him. We vacate the district court's grant of summary judgment and remand the case with instructions to remand the case to the...

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