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STATE EX REL. CITY OF BRIDGEPORT v. MARKS

No. 14-0273.

759 S.E.2d 192 (2014)

STATE of West Virginia ex rel. CITY OF BRIDGEPORT, a West Virginia Municipal Corporation; The Bridgeport Police Department; John Walker; and A. Kim Haws, Petitioners, v. The Honorable John Lewis MARKS, Jr., Judge of the Circuit Court of Harrison County; Doug's Towing, LLC; and Dan Riggs Towing, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 27, 2014.

Attorney(s) appearing for the Case

Tamara J. DeFazio, Esq. , J. Robert Russell, Esq. , Shuman, McCuskey & Slicer, Morgantown, WV, for Petitioners.

Edward R. Kohout, Esq. , Morgantown, WV, for Doug's Towing.

Daniel C. Cooper, Esq. , Jamison H. Cooper, Esq. , Cooper Law Offices, Bridgeport, WV, for Dan Riggs Towing.

LOUGHRY, Justice:

Petitioners City of Bridgeport ("City"), the Bridgeport Police Department ("Police Department"), Police Chief John Walker, and City Manager A. Kim Hawes (sometimes collectively referred to as "petitioners") seek a writ of prohibition in connection with the January 14, 2013, decision of the Circuit Court of Harrison to deny the petitioners' motion for summary judgment on immunity grounds.1 In support of their requested...

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