New v. Tac & C Energy, Inc.

BROTHERTON, Justice:

This is an appeal from orders of the Circuit Court of Mingo County dismissing the complaint of the plaintiffs below pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure.

The appellants, Jimmy and Shirley New, are residents of Mingo County, West Virginia. On October 1, 1980, Jimmy New was hired by the defendant, Tac & C Energy, Inc., a West Virginia corporation which has its business office and principal place of business at Gilbert in Mingo County. At the time Mr. New was hired, Tac & C was operating a mine in Hatfield, Kentucky. Mr. New was assigned to…