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LACK v. WAL MART STORES, INC.

Nos. 99-2089, 99-2090.

240 F.3d 255 (2001)

Christopher LACK, Plaintiff-Appellee, and Susan Willis, Plaintiff, v. WAL-MART STORES, INCORPORATED, a company licensed to do business in West Virginia, Defendant-Appellant, and James Bragg, Defendant. Christopher Lack, Plaintiff-Appellee, and Susan Willis, Plaintiff, v. James Bragg, Defendant-Appellant, and Wal-Mart Stores, Incorporated, a company licensed to do business in West Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Roger, Allen, Wolfe, Jackson & Kelly, P.L.L.C., Charleston, WV, for Appellants.

Sharon M. Iskra, Hunt & Lee, L.C., Charleston, WV, for Appellee.

ON BRIEF: Kelley L. Mount, Jackson & Kelly, P.L.L.C., Charleston, WV, for Appellant Wal-Mart; Gene W. Bailey, II, McNeer, Highland, McMunn & Varner, L.C., Clarksburg, WV, for Appellant Bragg.

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

OPINION

KING, Circuit Judge:

This suit was initiated in state court by Christopher Lack against both Wal-Mart, his former employer, and James Bragg, his former Wal-Mart supervisor. It was premised on Bragg's lewd and offensive conduct, which Lack claimed constituted unlawful sexual harassment under the West Virginia Human Rights Act. Following removal to the Southern District of West Virginia, a jury found both...

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