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L.H. JONES EQUIPMENT v. SWENSON SPREADER

No. 34745.

687 S.E.2d 353 (2009)

L.H. JONES EQUIPMENT COMPANY, a West Virginia corporation, Plaintiff, v. SWENSON SPREADER LLC, Defendant.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2009.

Attorney(s) appearing for the Case

Ami M. Smith, Esquire, Christi R. Stover, Esquire, Steptoe & Johnson, PLLC, Morgantown, WV, for Plaintiff.

Sandra K. Law, Esquire, Schader, Byrd & Companion, PLLC, Wheeling, WV, W. Michael Hanna, Esquire, Squire, Sanders & Dempsey, Cleveland, OH, for Defendant.

BENJAMIN, Chief Justice.

This case is before the Court upon the February 9, 2009, Order from the United States District Court for the Southern District of West Virginia, which certified a question pursuant to West Virginia Code § 51-1A-3 (2005)1. The question certified to this Court is as follows:

Recognizing that Article 6, Section 30, of the West Virginia Constitution provides that "[n]o act hereafter passed shall embrace...

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