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SUAREZ CORP. INDUSTRIES v. McGRAW

No. 95-3093.

125 F.3d 222 (1997)

SUAREZ CORPORATION INDUSTRIES; Emerson Sonny Clopper; Patricia Clopper; Elizabeth Pishner, Plaintiffs-Appellees, v. Darrell V. McGRAW, Jr., Attorney General of the State of West Virginia, in his official capacity; Thomas Rodd, individually, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Rebecca Ann Baitty, Rebecca A. Baitty, P.A., Sarasota, FL, for Appellants. John Christian Yoder, Harpers Ferry, WV, for Appellees. ON BRIEF: Rudolph A. DiTrapano, DiTrapano & Jackson, Charleston, WV, for Appellant McGraw; Robert Cohen, Cohen, Abate & Cohen, L.C., Fairmont, WV, for Appellant Rodd. J. Thomas Burch, Jr., William T. Bennett, Burch & Associates, P.C., Washington, DC, for Appellees.

Before ERVIN, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed in part, reversed in part, and vacated and remanded in part by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge LUTTIG joined.

OPINION

ERVIN, Circuit Judge:

Defendants-Appellants Darrell V. McGraw, Jr. and Thomas Rodd appeal from an order denying their motions to dismiss under Fed.R.Civ.P. 12(b) on the particular ground that the order denied them the defense of absolute immunity to claims arising in part...

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