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NORFOLK SOUTHERN RY. CO. v. HIGGINBOTHAM

No. 101499.

721 S.E.2d 541 (2011)

NORFOLK SOUTHERN RAILWAY COMPANY, Norfolk Southern Corporation, James D. Farley, and Charles Paxton, Petitioners Below, Petitioners v. James W. HIGGINBOTHAM, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Scott K. Sheets, Esq. , Huddleston Bolen , Huntington, WV, James S. Whitehead-PHV , Sidley Austin, LLP, Chicago, IL, for Petitioners.

Marvin W. Masters, Esq. , The Masters Law Firm, Charleston, WV, David L. White, Esq. , Law Office of David L. White, Charleston, WV, for Respondent.

BENJAMIN, Justice:

This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter "petitioners"). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for judgment as a matter of

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