District Court, S.D. West Virginia January 3, 1978, Civ. A. 77-3302-H (Tweel v. Frankel)

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

This action came on for hearing before this Court on December 13, 1977, at Huntington, upon the Defendants’ motion to dismiss or in the alternative, motion to stay these proceedings pending the outcome of similar litigation in the Circuit Court of Cabell County, West Virginia, a state court.