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STATE EX REL. TOWN OF PRATT v. STUCKY

No. 12-0442.

735 S.E.2d 575 (2012)

STATE of West Virginia ex rel. TOWN OF PRATT, A West Virginia Municipal Corporation, Petitioner v. The Honorable James C. STUCKY, Judge of the Circuit Court of Kanawha County, West Virginia, and Roger Paul Crist, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Johnnie E. Brown, Esq. , Jill M. Harlan, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, WV, for Petitioner.

John R. Mitchell, Esq. , John R. Mitchell, L.C., Charleston, WV, for Respondents.

PER CURIAM:

The Petitioner, the Town of Pratt, invokes this Court's original jurisdiction in prohibition to challenge an April 2, 2012, order of the Circuit Court of Kanawha County denying the Town's Motion to Dismiss or Alternatively for Summary Judgment finding the motion to be premature and ordering the parties to conduct discovery prior to making a determination upon the immunity arguments set forth by the Town. Based upon the record before us, the arguments of...

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