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COMMONWEALTH TIRE CO. v. TRI-STATE TIRE CO.

No. 13105.

193 S.E.2d 544 (1972)

COMMONWEALTH TIRE COMPANY, a corporation, v. TRI-STATE TIRE COMPANY, a corporation.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1972.

Attorney(s) appearing for the Case

Harry L. Hager, Huntington, for appellant.

Carroll W. Casto, Point Pleasant, Maurice G. Taylor, Jr., Huntington, for appellee.

BERRY, Acting President.

The appellant, plaintiff below, Commonwealth Tire Company, appeals from a final order of the Circuit Court of Lincoln County on March 31, 1971 which overruled the appellant's motion to set aside a judgment which the court had rendered in favor of the appellee, Tri-State Tire Company, the defendant below, and to enter a judgment against the appellee, or in the alternative, to grant appellant a new trial.

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