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PHILYAW v. EASTERN ASSOCIATED COAL CORP.

No. 32754.

633 S.E.2d 8 (2006)

Reggie Lee PHILYAW, Plaintiff below, Appellant, v. EASTERN ASSOCIATED COAL CORP., a West Virginia corporation, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: May 12, 2006.

Concurring Opinion of Justice Davis July 18, 2006.

Dissenting Opinion of Justice Starcher July 12, 2006.

Attorney(s) appearing for the Case

Richard Neely, Esq., Neely & Hunter, Charleston, John D. Wooton, Esq., Beckley, for the Appellant.

Ancil G. Ramey, Esq., Jeffrey K. Phillips, Esq., Steptoe & Johnson, P.L.L.C., Charleston, for the Appellee.

PER CURIAM.

This action is before this Court upon the appeal of the plaintiff below, Reggie Lee Philyaw, from the March 25, 2005, order of the Circuit Court of Raleigh County, West Virginia, granting summary judgment in favor of the defendant below, Eastern Associated Coal Corp. Philyaw, a safety supervisor at Eastern's underground Harris No. 1 Mine in southern West Virginia, contended that he suffered a mental breakdown and resulting disability because he felt Eastern...

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