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MASINTER v. WEBCO CO.

No. 14349.

262 S.E.2d 433 (1980)

Edwin B. MASINTER, etc., et al. v. WEBCO COMPANY et al.

Supreme Court of Appeals of West Virginia.

January 29, 1980.

Attorney(s) appearing for the Case

Lewis, Ciccarello, Masinter & Friedberg, G. Nicholas Casey, Jr. and Paul M. Friedberg, Charleston, for appellants.

Campbell, Woods, Bagley, Emerson, McNeer & Herndon, R. G. McNeer and Selden S. McNeer, Jr., Huntington, for WEBCO.

Jenkins & Fenstermaker and John E. Jenkins, Jr., Huntington, for Cohen and Webb.

Robert M. Levy and Randall L. Trautwein, Huntington, for Twentieth Street Bank.

MILLER, Justice:

This case is an appeal from a summary judgment granted against the plaintiff, Edwin B. Masinter, who is a minority shareholder in a close corporation.1 The central question is whether a cause of action exists in this jurisdiction for oppressive conduct.

We have traditionally recognized that a summary judgment constitutes a decision that there are no genuine issues of material fact between the parties, and therefore...

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