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M & J GARAGE AND TOWING v. STATE POLICE

No. 35466.

709 S.E.2d 194 (2010)

M & J GARAGE AND TOWING, INC., a West Virginia corporation, Plaintiff below, Appellant, v. The WEST VIRGINIA STATE POLICE, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 14, 2010.

Attorney(s) appearing for the Case

J. David Judy, III, Esq. , Judy & Judy, Moorefield, WV, for Appellant.

Darrell V. McGraw, Jr. , Attorney General, Charleston, WV, Virginia Grottendieck Lanham , John A. Hoyer , Assistant Attorneys General, South Charleston, WV, for Appellee.

KETCHUM, Justice:

This action is before this Court upon the appeal of the plaintiff below, M & J Garage and Towing, Inc., (hereinafter "M & J") from the May 12, 2009, order of the Circuit Court of Kanawha County dismissing the action upon the motion of the defendant below, the West Virginia State Police (hereinafter collectively as "State Police" or "WVSP"). Seeking declaratory and injunctive relief, M & J alleged in its complaint that the State Police...

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