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LOMBARD CANADA, LTD. v. JOHNSON

No. 03-1056.

356 F.3d 507 (2004)

LOMBARD CANADA, LIMITED, as Subrogee of B & D Lalonde Trucking and Hauling, Incorporated, a foreign corporation, Plaintiff-Appellee, v. Mark E. JOHNSON, d/b/a C & L Escort Services, Defendant-Appellant, and Wakley Escort Service, Incorporated; Shuman Flag Car Services; Mary Fiorello, Defendants.

United States Court of Appeals, Fourth Circuit.

Argued: December 5, 2003.

Decided: January 8, 2004.

Attorney(s) appearing for the Case

ARGUED: Michael Douglas Lorensen, BOWLES, RICE, MCDAVID, GRAFF & LOVE, P.L.L.C., Martinsburg, West Virginia, for Appellant. Ronald S. Rossi, MARTIN & SEIBERT, L.C., Martinsburg, West Virginia, for Appellee.

Before NIEMEYER and TRAXLER, Circuit Judges, and Richard D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Certification order, entered by Judge NIEMEYER with the concurrences of Judge TRAXLER and Judge BENNETT.

OPINION

NIEMEYER, Circuit Judge:

ORDER OF CERTIFICATION TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

The United States Court of Appeals for the Fourth Circuit, exercising the privilege afforded it by the State of West Virginia through the Uniform Certification of Questions of Law Act, W. Va.Code Ann. §§ 51-1A-1 through...

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