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HOSCHAR v. APPALACHIAN POWER CO.

No. 12-2482.

739 F.3d 163 (2014)

Roger HOSCHAR, and Judy Hoschar, Plaintiffs-Appellants, v. APPALACHIAN POWER COMPANY, Defendant-Appellee, and Industrial Contractors, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 7, 2014.

Attorney(s) appearing for the Case

ARGUED: Alexander Deane McLaughlin , THE CALWELL PRACTICE, PLLC, Charleston, West Virginia, for Appellants.

Daniel Rhys Michelmore , JACKSON KELLY PLLC, Pittsburgh, Pennsylvania, for Appellee.

ON BRIEF: John Skaggs , THE CALWELL PRACTICE, PLLC, Charleston, West Virginia, for Appellants.

Brian R. Swiger , Michael P. Leahey , JACKSON KELLY PLLC, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Gregory and Judge Davis joined.

THACKER, Circuit Judge:

Appellants, Roger and Judy Hoschar (collectively "Appellants"), filed this civil action in the Circuit Court of Mason County, West Virginia, against Appellee, Appalachian Power Company ("APCO"), and Defendant, Industrial Contractors, Inc. ("ICI"), seeking damages for an infectious lung disease called histoplasmosis that Roger Hoschar ("Mr. Hoschar") allegedly contracted while working as a boilermaker at one of APCO's coal-fired power plants...

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