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McGILTON v. U.S. XPRESS ENTERPRISES, INC.

No. 31324.

591 S.E.2d 158 (2003)

214 W.Va. 600

Brian Chad McGILTON and Regina McGilton, Plaintiffs Below, Appellants, v. U.S. XPRESS ENTERPRISES, INC., a Foreign Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2003.

Attorney(s) appearing for the Case

Mark A. Blevins, Esq., The Law Offices of Mark A. Blevins, Wheeling, for Appellants.

Avrum Levicoff, Esq., Ryan J. King, Esq., Brown & Levicoff, P.C., Pittsburgh, PA, for Appellee.

PER CURIAM.

This is an appeal by Brian Chad McGilton and Regina McGilton, his wife, from an order of the Circuit Court of Marshall County dismissing their deliberate intent action under West Virginia's workers' compensation law. The court held that the workers' compensation law of either Tennessee or Texas, rather than that of West Virginia, governed their action and that the West Virginia law which formed the basis of their complaint does not apply under the particular...

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