DAVIS, Justice:
The appellant herein and defendant below, Kenneth Fortney [hereinafter referred to as "Mr. Fortney"], appeals from an order entered September 8, 2003, by the Circuit Court of Marion County. By that order, the court determined that W. Va.Code § 38-8-1 (1999) (Supp.1999) did not prevent the appellee herein and plaintiff below, Delmus Burge [hereinafter referred to as "Mr. Burge"], from executing and suggesting upon Mr. Fortney's individual retirement...
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