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STATE EX REL. ABRAHAM LINC. CORP. v. BEDELL

No. 31538.

602 S.E.2d 542 (2004)

216 W.Va. 99

STATE of West Virginia ex rel. ABRAHAM LINC CORPORATION, Petitioner v. The Honorable Thomas A. BEDELL, Judge of the Circuit Court of Harrison County; and John Edens, Respondents

Supreme Court of Appeals of West Virginia.

Decided July 1, 2004.

Concurring Opinion of Justice Davis July 2, 2004.

Concurring Opinion of Justice Starcher July 15, 2004.

Attorney(s) appearing for the Case

Daniel C. Cooper, Christopher B. Denson, Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for the Petitioner.

Frank P. Bush, Jr., Frank P. Bush, Jr., & Associates, Elkins, West Virginia, Attorney for the Respondent, John Edens.

PER CURIAM:

This is an original proceeding in which the Petitioner, Abraham Linc Corporation (hereinafter "Petitioner"), seeks a writ of prohibition against the Honorable Thomas A. Bedell, Judge of the Circuit Court of Harrison County, preventing the respondent judge from conducting a trial on Count II of the Petitioner's complaint and submitting the issue of the Petitioner's workers' compensation coverage to a jury. Upon...

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