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SOUTH. WV PAVING v. ELMO GREER & SONS

Civil Action No. 2:09-cv-00342.

691 F.Supp.2d 677 (2009)

SOUTHERN WEST VIRGINIA PAVING, INC., Plaintiff, v. ELMO GREER & SONS, LLC., et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

June 29, 2009.

Attorney(s) appearing for the Case

Charles R. Hughes, Norman T. Daniels, Jr., Daniels Law Firm, Charleston, WV, for Plaintiff.

Melissa M. Barr, P. Joseph Craycraft, Dickie McCamey & Chilcote, Wheeling, WV, for Defendants.

ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is Defendant Travelers Casualty and Surety Co. of America's ("Travelers") Motion to Dismiss Courts III and IV of Plaintiff Southern West Virginia Paving, Inc.'s ("SWVP") Complaint [Docket 6]. For the reasons stated herein, the Motion is GRANTED.

I. Factual Background

The events precipitating this motion began when the McDowell County Board of Education ("McDowell...

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