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BURGESS v. GATEWAY COMMUNICATIONS, INC.

Civil Action No. 2-97-0953.

26 F.Supp.2d 888 (1998)

Jeffrey A. BURGESS, Plaintiff, v. GATEWAY COMMUNICATIONS, INC. — Wowk TV, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

November 10, 1998.

Attorney(s) appearing for the Case

Charles F. Donnelly, Mark W. Carbone, Molly Kettler Wade, Donnelly, Carbone & Kettler, Charleston, WV, for Jeffrey A. Burgess.

Neva G. Lusk, Spilman, Thomas & Battle, Charleston, WV, Niall A. Paul, Spilman, Thomas & Battle, Charleston, WV, Robert J. Ridge, Matthew H. Meade, Matthew T. Phillips, Katarincic & Salmon, Pittsburgh, PA, for Gateway Communications, Inc.-Wowk TV.

Michele Grinberg, Flaherty, Sensabaugh & Bonasso, Charleston, WV, for John Fusco.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants' motion for summary judgment as to Counts I, IV, and V of Plaintiff's Complaint.1 For reasons discussed below, the Court GRANTS the motion and resolves the case.

I. FACTUAL BACKGROUND

The factual background to this lawsuit is straightforward and simply stated. Burgess was...

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