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GILLESPIE v. JOHNSON

No. 13277.

209 S.E.2d 143 (1974)

James R. GILLESPIE v. E. M. "Pete" JOHNSON, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 29, 1974.

Attorney(s) appearing for the Case

DiTrapano, Mitchell, Lawson & Field, Rudolph L. DiTrapano, Charleston, for appellant.

Steptoe & Johnson, Edward W. Eardley, Charleston, for appellee.

BERRY, Justice:

The appellant, James R. Gillespie, hereinafter referred to as appellant, appeals from a final judgment of the Circuit Court of Kanawha County entered on November 11, 1971 wherein the court granted the motion of the defendant and appellee on appeal, E. M. "Pete" Johnson, Sheriff of Kanawha County and duly appointed administrator of the estate of William C. Meadows, deceased, for summary judgment pursuant to Rule 56(c) of the West Virginia Rules of Civil...

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