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BOWENS v. ALLIED WAREHOUSING SERVICES, INC.

No. 11-0210.

729 S.E.2d 845 (2012)

Byron BOWENS, Plaintiff Below, Petitioner v. ALLIED WAREHOUSING SERVICES, INC., d/b/a Allied Logistics, a West Virginia Corporation, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed June 15, 2012.

Attorney(s) appearing for the Case

Richard W. Weston, Esq. , Weston Law Office, Huntington, WV, for Petitioner.

Thomas Scarr, Esq. , Jenkins Fenstermaker, Huntington, WV, for Respondent.

BENJAMIN, Justice:

This appeal was brought by Byron Bowens, Appellant, following two separate orders of the Circuit Court of Wayne County granting summary judgment to Allied Warehousing Services, Inc., d/b/a Allied Logistics [hereinafter "Allied"], the Appellee, dismissing Bowens's workers' compensation fraud and common law fraud claims and granting summary judgment to Allied finding it to be a special employer of Bowens for the purpose of workers' compensation immunity...

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