CARRIGAN, Judge:
Plaintiffs instituted this action for malicious prosecution in the Circuit Court of Monongalia County seeking recovery of damages from defendants as a result of plaintiffs' arrest on a kidnapping charge. The circuit court sustained a motion for summary judgment made by defendant under R.C.P. 56(b) and (c). Plaintiffs appealed such judgment stating as their sole issue "whether or not there is a genuine issue as to any material fact and whether defendants...
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