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RODRIGUEZ v. CONSOLIDATION COAL CO.

No. 26350.

524 S.E.2d 672 (1999)

206 W.Va. 317

Kenneth M. RODRIGUEZ, Appellee, v. CONSOLIDATION COAL COMPANY, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1999.

Concurring and Dissenting Opinion of Justice Davis December 8, 1999.

Attorney(s) appearing for the Case

Jacques R. Williams, Esq., Hamstead, Hamstead & Williams, Morgantown, West Virginia, Attorney for Appellee.

Steven P. McGowan, Esq., Ancil G. Ramey, Esq., Steptoe & Johnson, Robert M. Vukas, Esq., CONSOL, Inc., Attorneys for Appellant.

PER CURIAM:

This case is before the Court upon the appeal from the January 4, 1999, final order of the Circuit Court of Monongalia County, West Virginia, denying Consolidation Coal Company's ("CCC") motion for judgment as a matter of law or, in the alternative, motion for a new trial, after a jury returned a verdict against the Appellant awarding the Appellee, Kenneth M. Rodriguez, a total of

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