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SMITH v. APEX PIPELINE SERVICES, INC.

No. 11-1610.

741 S.E.2d 845 (2013)

Jason S. SMITH, Plaintiff Below, Petitioner v. APEX PIPELINE SERVICES, INC., Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 4, 2013.

Attorney(s) appearing for the Case

Charles M. Love, IV, Esq. , Marvin W. Masters, Esq. , The Masters Law Firm lc, Charleston, WV, for Petitioner.

Mary H. Sanders, Esq. , J. Todd Bergstrom, Esq. , Huddleston Bolen, LLP, Charleston, WV, for Respondent.

PER CURIAM:

This case is before this Court upon the appeal of a final order of the Circuit Court of Kanawha County, West Virginia, entered on October 18, 2011, granting summary judgment in favor of Respondent Apex Pipeline Services, Inc. ("Apex"), in a "deliberate intention" action filed pursuant to West Virginia Code § 23-4-2(d)(2)(ii) (2010), and which also alleged workers' compensation discrimination. On appeal, Petitioner Jason S. Smith contends that the...

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