McKINNEY v. FAIRCHILD INTERN., INC.

No. 23467.

487 S.E.2d 913 (1997)

199 W.Va. 718

Charles McKINNEY and Sandra K. McKinney, Plaintiffs Below, Appellants, v. FAIRCHILD INTERNATIONAL, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 14, 1997.


Attorney(s) appearing for the Case

Jeffery T. Jones, Kessler & Jones, Charleston, for Appellants.

Clem C. Trischler, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Appellee.


STARCHER, Justice:

The legal question presented in this appeal concerns whether the Kentucky or the West Virginia savings statute applies when a second action is filed in a West Virginia circuit court after the original action, which was timely filed in a federal court located in West Virginia, was dismissed. The Circuit Court of Raleigh County, by summary judgment, dismissed the complaint of Charles and Sandra K. McKinney...

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