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KERNER v. AFFORDABLE LIVING, INC.

No. 30358.

570 S.E.2d 571 (2002)

212 W.Va. 312

Matthew Aaron KERNER, Plaintiff Below, Appellee, v. AFFORDABLE LIVING, INC., Formerly Known as Buckhannon Home Show, Inc., Now Known as the Home Show-Buckhannon, Inc., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 19, 2002.

Dissenting Opinion of Justice Albright July 2, 2002.

Attorney(s) appearing for the Case

Orton A. Jones, Esq., Hedges, Jones, Whittier & Hedges, Spencer, for The Home Show-Buckhannon, Inc.

James M. Pool, Esq., The Law Offices of James M. Pool, Clarksburg, for Matthew Aaron Kerner.

PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of Upshur County entered on June 4, 2001. In that order, the circuit court denied a motion for relief from judgment filed pursuant to Rule 60(b) of the West Virginia Rules of Procedure by the appellant and defendant below, The Home Show-Buckhannon, Inc., in this wage collection action instituted by the appellee and plaintiff below, Matthew Aaron Kerner. In this appeal, The...

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