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ALL MED, LLC. v. RANDOLPH ENGINEERING CO.

No. 11-0074.

723 S.E.2d 864 (2012)

ALL MED, LLC., Plaintiff Below, Petitioner v. RANDOLPH ENGINEERING CO., INC., and Donald R. Hayes, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 24, 2012.

Attorney(s) appearing for the Case

Sean P. McGinley, Esq. , Elizabeth G. Kavitz, Esq. , Ditrapano Barrett & Dipiero, PLLC, Charleston, WV, for Petitioner.

Elliot G. Hicks, Esq. , Gerald M. Titus, III, Esq. , Spilman Thomas & Battle, PLLC, Charleston, WV, for Respondent Randolph Engineering Co., Inc.

PER CURIAM:

The petitioner herein, All Med, LLC., (hereinafter "All Med") asks this Court to reverse the December 9, 2010, order of the Circuit Court of Boone County that granted summary judgment on behalf of Respondent Randolph Engineering Co., Inc. (hereinafter "Randolph Engineering") after finding that defendant below, Donald R. Hayes,1 did not act as an employee or agent of Randolph Engineering when he conducted an elevation survey...

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