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McGEE v. COLE

Civil Action No. 3:13-24068.

993 F.Supp.2d 639 (2014)

Casie Jo McGEE and Sarah Elizabeth Adkins; Justin Murdock and William Glavaris; and Nancy Elizabeth Michael and Jane Louise Fenton, individually and as next friends of A.S.M., minor child, Plaintiffs, v. Karen S. COLE, in her official capacity as Cabell County Clerk; and Vera J. McCormick, in her official capacity as Kanawha County Clerk, Defendants. and State of West Virginia, Intervenor Defendant.

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

January 29, 2014.

Attorney(s) appearing for the Case

Camilla B. Taylor , Lambda Legal Defense & Education Fund, Inc., Chicago, IL, Elizabeth L. Littrell , Lamba Legal Defense & Education Fund, Inc., Atlanta, GA, Karen L. Loewy , Lambda Legal Defense & Education Fund, Inc., New York, NY, Lindsay C. Harrison , Luke C. Platzer , Paul M. Smith , R. Trent McCotter , Jenner & Block, Washington, DC, Heather Foster Kittredge , John H. Tinney, Jr. , The Tinney Law Firm, Charleston, WV, for Plaintiffs.

Lee Murray Hall , Sarah A. Walling , Jenkins Fenstermaker, Huntington, WV, Charles R. Bailey , Michael W. Taylor , Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief Judge.

Pending before the Court is a motion by Defendant Vera J. McCormick to dismiss the complaint (ECF No. 26), a motion by Defendant Karen S. Cole to dismiss the complaint (ECF No. 31), and a motion by Intervenor Defendant the State of West Virginia to dismiss the complaint (ECF No. 34). Also pending are a motion by Defendant McCormick and Defendant Cole (collectively "Defendant Clerks") to strike...

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