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NESTOR v. BRUCE HARDWOOD FLOORING, L.P.

No. 26430.

525 S.E.2d 334 (1999)

206 W.Va. 453

Dale G. NESTOR, II, Plaintiff Below, Appellant, v. BRUCE HARDWOOD FLOORING, L.P., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1999.

Attorney(s) appearing for the Case

Cynthia S. Gustke, Esq., The Law Offices of Cynthia S. Gustke, PLLC, Elkins, West Virginia, Attorney for Appellant.

Frank P. Bush, Jr., Esq., Bush & Bush, Elkins, West Virginia, Attorney for Appellee.

Edward Bograd (Pro Hac Vice), Frederick M. Thurman, Jr. (Pro Hac Vice), Shumaker, Loop & Kendrick, LLP, Charlotte, North Carolina, Attorneys for Appellee.

PER CURIAM:

The appellant, Dale Nestor, appeals a summary judgment order of the Circuit Court of Tucker County dismissing his complaint for workers' compensation discrimination against his former employer, Bruce Hardwood Floors, a division of B.H.F.G. Corporation.1 On appeal, the appellant maintains that: (1) the circuit court erred in granting summary judgment based solely on evidence that the appellee had not previously engaged in workers...

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