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KELLEY v. NORFOLK & SOUTHERN RAILWAY CO.

No. 3:99-0730.

80 F.Supp.2d 587 (1999)

Grady Colin KELLEY, Plaintiff, v. NORFOLK & SOUTHERN RAILWAY COMPANY, dba Norfolk & Western Railway Company, Defendant.

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

December 28, 1999.

Attorney(s) appearing for the Case

Thomas M. Plymale, Wayne, WV, Charles W. Armbruster, III, Wood River, IL, for plaintiff.

J.H. Mahaney, Huntington, WV, for defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

The plaintiff Grady C. Kelley filed an action against Norfolk Southern Railway Company (Norfolk) in the Circuit Court of Wayne County, West Virginia, alleging that Norfolk unlawfully retaliated against him for filing an earlier personal injury case. Kelley's claim is for the emotional distress he allegedly suffered as a result of Norfolk's retaliatory acts. Norfolk removed to this Court asserting that...

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