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Requests for Oral Presentation
and
Petitions for Appeal

May 20, 1998

1.    State of West Virginia v. Christopher Browning, No. 980401. Defendant appeals conviction of two counts of first degree sexual abuse (15 to 35 on each-concurrent) and one count of abuse by a custodian (5 to 15- consecutive).
     accept

2.    Kenneth McCord v. John H. Frazier, No. 980465. Plaintiff appeals from the entry of an adverse judgment after a bench trial in a boundary line dispute.
     Refuse 4-1
(starcher, j.)

3.    Laidley McCoy v. Travelers Companies, No. 980631. DEP appeals dismissal of declaratory judgment action centering on liability of an insured oil company to remediate petroleum-related environmental contamination. DEP sought a declaration that the oil company is entitled to insurance coverage under the insurer's policies for defense and indemnity against DEP's claims. Response filed.
Grant 5-0        

4.    James E. Taylor v. Family Dollar Stores, No. 980632. Plaintiff appeals from entry of an Order granting defendant's Motion to Dismiss in a civil action alleging malicious defense, the tort of outrageous conduct and insurance bad faith and unfair trade practices. Response filed.
     Refuse 5-0

5.    State of West Virginia v. Phillip A. Gray, No. 980634. Defendant appeals conviction of delivery of a controlled substance. He was sentenced to 1 to 15.
     Grant 4-1
(mccuskey, j.)

6.    Sheila Scheitlin v. Thomas Conley, No. 980636. Defendant appeals lower court order awarding a decretal judgment in the amount of $1,764.32 for principal child support arrearages and interest in the amount of $13,094.08. Response filed by Bureau of Child Support Enforcement.
Refuse 5-0

7.    State of West Virginia v. Max H. Arbaugh, No. 980637. Defendant pled guilty to three counts of sexual assault in the third degree and three counts of delivery of a controlled substance. He was sentenced to three consecutive terms of 15 to 35 for sexual assault in the third degree and to 3 concurrent sentences of 1 to 15 for the delivery of a controlled substance. The 1 to 15 year sentences run concurrently with the 15 to 35 year sentences.
Refuse 5-0

8.    State of West Virginia v. Robert Hager, No. 980639. Defendant appeals his conviction by a jury of first degree murder and his sentence to life without mercy.
accept

9.    Harris Export Coal v. Larc, Inc., No. 980641. Petitioner/trucking company appeals the dismissal of its mechanic's liens. Response filed.
Refuse 5-0

10.    Justin Gill v. James Rosenberry, No. 980300. Alleging the $10,000 award is inadequate, the plaintiffs appeal the jury verdict in this personal injury case. Response filed.
Refuse 5-0

11.    State of West Virginia v. Randy Baker, No. 980378. Defendant appeals an order revoking his work release, home confinement and probation, and requiring him to serve the remainder of his twelve-month sentence in the Northern Regional Jail.
Refuse 5-0

12.    Michelle R. Herb v. James S. Walker, No. 980633. Father appeals an order requiring payment of arrears of child support based on a 1976 order entered in the State of Texas.
Refuse 5-0

13.    State of West Virginia v. Kenneth G. Jones, No. 980642. Defendant appeals his conviction of misdemeanor Driving on Revoked License for DUI and his sentence of 6 months in the county jail and a $100 fine.
Refuse 5-0