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DEMETRES v. EAST WEST CONST., INC.

Civil Action No. 2:13cv155.

995 F.Supp.2d 539 (2014)

James Thomas DEMETRES, Plaintiff, v. EAST WEST CONSTRUCTION, INC., Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

January 28, 2014.

Attorney(s) appearing for the Case

Earl Stanley Murphy , Moody, Strople & Kloeppel, Ltd, Portsmouth, VA, for Plaintiff.

Danielle Deanna Giroux , Harman Claytor Corrigan & Willman, Richmond, VA, Stanley Paul Wellman , Harman Claytor Corrigan & Wellman, Glen Allen, VA, for Defendant.

OPINION AND ORDER

REBECCA BEACH SMITH, Chief Judge.

This matter comes before the court on the Motion to Dismiss ("Motion") and accompanying Memorandum in Support, filed by the Defendant, East West Construction, Inc., pursuant to Federal Rule of Civil Procedure 12(b)(1). ECF No. 6. Therein, the Defendant alleges that this court lacks jurisdiction over the dispute because the Plaintiff's claims are preempted by the Virginia Workers' Compensation Act...

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