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EARP v. VANDERPOOL

No. 13628.

314 S.E.2d 390 (1976)

Carroll M. EARP, dba Earp Construction Company v. Selwyn VANDERPOOL and Lila L. Vanderpool.

Supreme Court of Appeals of West Virginia.

Rehearing Denied March 11, 1977.

For Majority Opinion see, 160 W.Va. 113, 232 S.E.2d 513.

NEELY, Justice, concurring:*

I concur in the result but strenuously dissent from the Court's holding that the language of Rule 51 mandates that lawyers must object to a trial court's refusal to give instructions. Lawyers do not offer instructions for the purpose of having them refused; why require superfluous babble to emphasize the inherently...

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