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STATE EX REL. ADVANCE STORES COM. v. RECHT

No. 12-0737.

740 S.E.2d 59 (2013)

STATE of West Virginia ex rel. ADVANCE STORES COMPANY, INC., dba Advance Auto Parts, and Donn Free, Defendants Below, Petitioners v. Honorable Arthur M. RECHT, Senior Status Judge of the Circuit Court of Ohio County, and Scott McMahon and Karen John, Individually and on Behalf of Others Similarly Situated, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided January 17, 2013.

Attorney(s) appearing for the Case

Ancil G. Ramey , Karen E. Kahle , Hannah B. Curry , Steptoe & Johnson, Huntington, WV, for Petitioners.

Anthony I. Werner , Bachmann Hess Bachmann & Garden, Wheeling, WV, Joseph J. John , John Law Offices, Wheeling, WV, for Respondents.

DAVIS, Justice:

This case was brought under this Court's original jurisdiction by Advance Stores Company and its employee Donn Free, petitioners herein and defendants below (collectively "Advance Stores"). Advance Stores seeks a writ of prohibition to prevent enforcement of an order of the Circuit Court of Ohio County that denied, in part, Advance Stores' motion to dismiss a third amended complaint filed by Scott McMahon and Karen John, respondents herein and plaintiffs...

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