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GRESS v. PETERSBURG FOODS, LLC

No. 31110, 31111.

592 S.E.2d 811 (2003)

215 W.Va. 32

Joyce GRESS, individually and as class representative, Plaintiffs Below, Appellees, v. PETERSBURG FOODS, LLC formerly known as Advantage Foods, LLC, a West Virginia limited liability company, Defendants Below, Appellants. and Perdue Farms, Inc., a Maryland corporation, Defendants Below and Joyce Gress, individually and as class representative, Plaintiffs Below, Appellees, v. Petersburg Foods, LLC formerly known as Advantage Foods, LLC, a West Virginia limited liability company, Defendants Below and Perdue Farms, Inc., a Maryland corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 24, 2003.

Dissenting Opinion of Chief Justice Starcher December 9, 2003.

Dissenting Opinion of Justice McGraw December 18, 2003.

Attorney(s) appearing for the Case

David M. Hammer, Esq., Robert J. Schiavoni, Esq., Hammer, Ferretti & Schiavoni, Martinsburg, West Virginia, Attorneys for Joyce Gress, et al.

Stephen Godfrey Jory, Esq., Jory & Smith, Elkins, West Virginia, Attorney for Perdue Farms, Inc.

Kevin L. Carr, Esq., Eric E. Kinder, Esq., Spilman, Thomas & Battle, Charleston, West Virginia, Attorneys for Advantage Foods, LLC.

Richard J. Antonelli, Esq., Robert W. Pritchard, Esq., Kenneth C. Kurtz, Esq., Littler Mendelson, Pittsburgh, PA, Pro hac vice for Advantage Food, LLC.

Thomas A. Bright, Esq., Glenn L. Spencer, Esq., Haynsworth, Baldwin, Johnson & Greaves, Greenville, SC, Pro hac vice for Perdue Farms, Inc.

PER CURIAM:

The appellants Petersburg Foods, LLC and Perdue Farms, Inc. appeal from the Grant County Circuit Court's orders granting summary judgment in favor of the appellee Joyce Gress on two separate issues— yield bonus pay and vacation pay.1 We find that the circuit court erred in granting summary judgment and reverse.

I.

The appellant Petersburg Foods, LLC owned...

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