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OAKES v. MONONGAHELA POWER COMPANY

No. 13362.

207 S.E.2d 191 (1974)

Ronnie Lee OAKES and Gaither S. Oakes et al. v. MONONGAHELA POWER COMPANY et al. v. UNION BOILER REPAIR, FABRICATION & ERECTION COMPANY.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion August 1, 1974.

Attorney(s) appearing for the Case

Herschel Rose and Duane Southern, Fairmont, Greene, Ketchum & Baker, James D. Nash, Jr., Huntington, for Union Boiler Repair.

Furbee, Amos, Webb & Critchfield, Alfred J. Lemley, Fairmont, for Monongahela Power Co. and others.

CAPLAN, Chief Justice:

This is an appeal by Union Boiler Repair, Fabrication & Erection Company, Inc. from a final order of the Circuit Court of Monongalia County entered on October 30, 1972. That order was entered in an action wherein Union Boiler was impleaded as a third-party defendant by Monongahela Power Company, The Potomac Edison Company, and Duquesne Light Company, sometimes hereinafter referred to as the power companies, in an action in which such companies...

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