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McCUTCHEON v. VALLEY RICH DAIRY

No. Civ.A. 2:99-0926.

81 F.Supp.2d 657 (2000)

Paul McCUTCHEON, et al., Plaintiffs, v. VALLEY RICH DAIRY, Defendant.

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

January 21, 2000.

Attorney(s) appearing for the Case

Linda Garrett Dyer and Christopher S. Moorehead Garrett & Vaughan Summersville, WV, for plaintiffs.

Michael F. Urbanski and James R. Creekmore Woods, Rogers & Hazelgrove Roanoke, VA, Charles L. Woody and Eric W. Iskra Spilman, Thomas & Battle Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs' motion to remand. The Court GRANTS the motion.

I. FACTUAL BACKGROUND

Plaintiff Paul McCutcheon injured his back while working for Defendant Valley Rich Dairy. He filed a claim for Workers' Compensation benefits, which was held compensable on March 4, 1998. On August 12, 1998 McCutcheon was determined to have reached his maximum degree of medical...

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