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CHARLESTON GAZETTE v. SMITHERS

No. 12-0811.

752 S.E.2d 603 (2013)

The CHARLESTON GAZETTE d/b/a Daily Gazette Co., Petitioner Below, Petitioner v. Colonel Jay SMITHERS, Superintendent of the West Virginia State Police, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 26, 2013.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Esq. , Sean P. McGinley, Esq. , Robert M. Bastress, Esq. , DiTrapano, Barrett & DiPiero, PLLC, for Petitioner.

John A. Hoyer, Esq. , Virginia Grottendieck-Lanham, Esq. , Assistant Attorneys General, West Virginia State Police, for the Petitioner Counsel for Respondent.

WORKMAN, Justice:

This case is before the Court upon the appeal of the Charleston Gazette ("Gazette") from an order entered May 16, 2012, by the Circuit Court of Kanawha County, West Virginia, denying the Gazette's motion for summary judgment and dismissing its complaint with prejudice. The Gazette filed this action against Colonel Jay Smithers,1 Superintendent of the West Virginia State Police ("State Police") under the West Virginia...

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