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STATE v. MILLS

No. 13286.

203 S.E.2d 362 (1974)

STATE of West Virginia, which sues for the Use and Benefit of Bobby Lee MORRIS, et al. v. Okey A. MILLS and the Aetna Casualty and Surety Co., a corp.

Supreme Court of Appeals of West Virginia.

Decided March 19, 1974.

Attorney(s) appearing for the Case

Lynch, Mann & Knapp, Norman Knapp, Jack A. Mann, Beckley, for appellants.

James M. Henderson, II, Anthony J. Sparacino, Beckley, for appellees.

BERRY, Justice:

This is an appeal by the defendant below, Okey A. Mills, hereinafter referred to as defendant, and Aetna Casualty and Surety Company, surety on his official bond, from a final judgment of the Circuit Court of Raleigh County entered March 7, 1972, wherein the court denied the defendant's motion to set aside the judgment in favor of the plaintiff below, Bobby Lee Morris, hereinafter referred to as plaintiff, and to grant the defendant a new trial. The...

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