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FELICIANO v. MCCLUNG

No. 29639.

556 S.E.2d 807 (2001)

210 W.Va. 162

Kathy FELICIANO, Plaintiff Below, Appellant v. James Garland McCLUNG, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2001.

Concurring Opinion of Justice Maynard December 4, 2001.

Attorney(s) appearing for the Case

William D. Turner, Crandall, Pyles, Haviland & Turner, Lewisburg, for Appellant.

J. Steven Hunter, Steven Hunter Associates, Lewisburg, for Appellee.

PER CURIAM:

Appellant Kathy Feliciano, the recipient of a large jury verdict rendered against appellee James McClung, attempted to gain possession of $50,000 that appellee McClung had placed in a bank certificate of deposit. The lower court found that, because the funds had originated from a workers' compensation award, Ms. Feliciano could not reach them. Because we find that the investing of the money in a certificate of deposit stripped the money of its protected...

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