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JONES v. HARPER

No. Civ.A. 6:99-0291.

55 F.Supp.2d 530 (1999)

George JONES, Plaintiff, v. Stephen B. HARPER, individually and in his capacity as Executor of the estate of Mary Susan Harper, deceased, Defendants.

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

July 8, 1999.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, L. Dante DiTrapano, DiTrapano, Burrett & DiPiero, Charleston, WV, for plaintiff.

Heather Heiskell Jones, M. Kate Wilson, Spillman, Thomas & Battle, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

I. Introduction

Pending before the Court is Stephen B. Harper's Motion to Dismiss. The plaintiff, George Jones, has filed a complaint that seeks declaratory and injunctive relief. The defendant avers that the plaintiff's complaint fails to state a claim upon which relief may be granted. However, as is more fully discussed below, the Court FINDS that under the probate...

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