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BAILEY v. S. J. GROVES & SONS CO.

No. 13630.

230 S.E.2d 267 (1976)

Iram BAILEY v. S. J. GROVES & SONS CO.

Supreme Court of Appeals of West Virginia.

November 30, 1976.

Attorney(s) appearing for the Case

Harold D. Brewster, Jr., Hudgins, Coulling, Brewster & Morhous, Bluefield, for appellant.

Walter W. Burton, Princeton, for appellee.

BERRY, Chief Justice:

The S. J. Groves & Sons Company, the defendant in an action in the Circuit Court of Mercer County for damages for trespass to real property, appeals a summary judgment entered against it.

The facts are without dispute, a stipulation of all material matters having been made by the parties in the trial court.

In 1970, the S. J. Groves & Sons Company entered into a contract with the West Virginia Department of Highways to...

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