WEST VIRGINIA RECORD

Argument Docket
Tuesday, March 14
State Capitol

1. Jewell Lynn Cook v. Carole Leasing Corp., et al. - 32888 - Plaintiff appeals an adverse summary judgment order in a personal injury action.

2. Virgil T. Helton, State Tax Comm'r v. R. Michael Reed, Chief Adm. Law Judge, et al. - 32891 - The State Tax Commissioner appeals from the circuit court's order 1) denying the Commissioner's petition for writs of prohibition and mandamus and for appeal, and 2) granting taxpayer Elk Run Coal Co., Inc.'s motion to dismiss. This case involves procedural issues in a coal severance tax case.

3. Donald N. Davey, et al. v. The Estate of William H. Haggerty, et al. - 32858 - Petitioner files a direct appeal from the circuit court's order which granted Summary Judgment to the defendants in their declaratory judgment suit. The court ruled that the petitioners were barred by the six month statute of limitations for bringing suit to impeach a Will, and by the two year statute of limitations for fraud, because both had expired.

4. Lawyer Disciplinary Board v. Thomas H. McCorkle - 25321 - The Court will hear argument in this lawyer disciplinary matter.

Argument Docket
Wednesday, March 15
State Capitol

1. Wausau Insurance Companies v. Greenbrier Valley Solid Waste, Inc., et al. - 32889 - Dismissed.

2. Margaret A. Johnson v. Scott M. Kilmer, M.D., et al. - 31871 - Petitioner filed suit alleging wrongful discharge on the basis of age and age-based harassment. The Court granted a motion for summary judgment in favor of the defendants. Petitioner seeks reversal.

3. Kevin Alden v. Harpers Ferry Police Civil Service Commission, et al. - 32762 - The circuit court's 04/28/04 Final Order affirmed the decision of Harpers Ferry Police Civil Service Commission finding that "just cause" existed for Alden's termination from his employment as a Harpers Ferry Police Officer, but also awarding Alden his reasonable attorney's fees from 05/30/99 through the 06/22/01 pre-disciplinary hearing to which Alden was entitled but did not receive until this Court's remand of the case out of Alden v. Harpers Ferry Police Civil Service Commission, 209 W.Va. 83, 543 S.E.2d 364 (2001). Alden appeals the circuit court's affirmation of the Police Commission's decision that his termination was justified.

4. SER Steve Mikel Hager, et al. v. Hon. E. Lee Schlaegel, Jr., Judge - 32965 - Petitioners seek to compel a ruling from a hearing held May 11, 2005 on their Motion for Preliminary Injunction.

5. SER PPG Industries, Inc. v. Hon. John T. Madden, Judge, et al. - 32981 - Dismissed.