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HARTMAN v. MORNINGSTAR BLDG. CO., INC.

No. 25981.

527 S.E.2d 160 (1999)

206 W.Va. 616

Peter S. HARTMAN, Plaintiff Below, Appellant, v. The MORNINGSTAR BUILDING COMPANY, INC., a West Virginia Corporation; Gary Morningstar, Individually and as Vice President of Morningstar Building Company; Cary Morningstar, Individually and as President of Morningstar Building Company; and Judy Morningstar, Individually and as Secretary of Morningstar Building Company; The Morningstar Companies, Inc., a West Virginia Corporation; The Morningstar Consulting Company, Inc., a West Virginia Corporation; and The Village, LLC, a West Virginia Limited Liability Company, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1999.

Dissenting Opinion of Justice Maynard December 15, 1999.

Attorney(s) appearing for the Case

Robert J. Schiavoni, Esquire, Hammer, Ferretti & Schiavoni, Martinsburg, West Virginia, and Garry G. Geffert, Esquire, Martinsburg, West Virginia, Attorneys for the Appellant.

Robert D. Aitcheson, Esquire, Charles Town, West Virginia, Attorney for Appellee Judy Morningstar.

Stephen M. Mathias, Esquire, Bowles Rice McDavid Graff & Love, Martinsburg, West Virginia, Attorney for Appellee The Village, LLC.

PER CURIAM:

This is an appeal by Peter S. Hartman from an order of the Circuit Court of Berkeley County dismissing an unpaid wage action on the ground that the appellant had failed to prosecute it. On appeal, the appellant claims that the circuit court failed to follow the required procedures before dismissing the action and that in so doing the court denied him due process of law. He also claims that, contrary to the court...

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