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STATE EX REL. WELLS v. MATISH

No. 31684.

600 S.E.2d 583 (2004)

215 W.Va. 686

STATE of West Virginia ex rel. Erik P. Wells, Petitioner, v. The Honorable James A. MATISH, Judge of the Circuit Court of Harrison County, and WBOY-TV, a WV LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 7, 2004.

Dissenting Opinion of Justice McGraw July 21, 2004.

Attorney(s) appearing for the Case

Michael J. Florio, Esq., Florio Law Offices, Clarksburg, for Erik P. Wells.

Ricklin Brown, Esq., Mark H. Dellinger, Esq., Bowles Rice McDavid Graff & Love, Charleston, for WBOY-TV, a WV LLC.

PER CURIAM:

This case is before this Court upon a petition for a writ of prohibition filed by the petitioner, Erik P. Wells, against the respondents, the Honorable James A. Matish, Judge of the Circuit Court of Harrison County and WBOY-TV, a WV LLC. Mr. Wells seeks to prohibit Judge Matish from requiring him to submit two of his four pending claims in his underlying civil action against his employer, WBOY-TV, to arbitration. The petitioner argues that the costs of...

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