MARINCIL v. SAMINCO, INC.

Civil Action No. 2:08-cv-01300.

662 F.Supp.2d 577 (2009)

Robert MARINCIL, Plaintiff, v. SAMINCO, INC., Defendant.

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

September 30, 2009.


Attorney(s) appearing for the Case

Mark A. Atkinson, Paul L. Frampton, Jr., Atkinson & Polak, Charleston, WV, for Plaintiff.

Daniel J. Konrad, Scott K. Sheets, Huddleston Bolen, Huntington, WV, for Defendant.


MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the defendant's Motion for Summary Judgment, filed on August 24, 2009 [Docket 29]. The plaintiff filed his Response on September 8, 2009 [Docket 32], and the defendant filed its Reply on September 16, 2009 [Docket 33]. As explained below, the court GRANTS the defendant's Motion.

I. Factual and Procedural History

In early 2007, the defendant...

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