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RICHARDS v. APPALACHIAN POWER CO.

Civil Action No. 2:11-cv-00144.

836 F.Supp.2d 436 (2011)

William David RICHARDS, Plaintiff, v. APPALACHIAN POWER COMPANY, et al., Defendants.

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

May 26, 2011.

Attorney(s) appearing for the Case

John J. Polak , Atkinson & Polak, Charleston, WV, Matthew M. Hatfield , Hatfield & Hatfield, Madison, WV, for Plaintiff.

Bryan R. Cokeley , Steptoe & Johnson, Charleston, WV, Sara E. Hauptfuehrer , Steptoe & Johnson, Bridgeport, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the plaintiff's Motion to Remand this action to the Circuit Court of Kanawha County, West Virginia [Docket 5]. For the following reasons, the court FINDS that the plaintiff's claims are not completely preempted and GRANTS the plaintiff's motion to remand.

I. Background

The plaintiff, William David Richards, worked as a union...

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