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MALLAMO v. TOWN OF RIVESVILLE

No. 22906.

477 S.E.2d 525 (1996)

197 W.Va. 616

Edward MALLAMO, Plaintiff Below, Appellant, v. The TOWN OF RIVESVILLE, a Municipal Corporation; Albert Wilson, as a Police Officer for the Town of Rivesville; Clifford Van Pelt, as a Member of the Marion County Sheriff's Department; Junior Slaughter, as Sheriff of Marion County; and the Marion County Commission, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Brent E. Beveridge, S. Sean Murphy, Fairmont, for Appellant.

Tamara J. DeFazio, Furbee, Amos, Webb & Critchfield, Fairmont, for Town of Rivesville and Albert Wilson.

McHUGH, Chief Justice:

This is an appeal from orders entered in the Circuit Court of Marion County, dismissing the Town of Rivesville and its police chief, Albert Wilson, from an action for damages instituted by plaintiff Edward Mallamo. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons discussed below, the October 21, 1994 order dismissing Police...

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