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BARKER v. SMITH AND BARKER OIL AND GAS CO.

No. 14834.

294 S.E.2d 919 (1982)

Dutch M. BARKER, Executrix of the Estate of Creed Barker, Deceased v. SMITH AND BARKER OIL AND GAS CO., INC., a Corporation, Walter E. Smith and Edward M. Smith.

Supreme Court of Appeals of West Virginia.

Rehearing Denied September 16, 1982.

Attorney(s) appearing for the Case

Hedges & Jones, Orton A. Jones and Thomas C. Evans, III, Spencer, for appellant.

Wilbur D. Webb, Spencer, Victor Hamilton, Grantsville, for appellees.

McGRAW, Justice:

Dutch M. Barker, executrix of the estate of Creed Barker, plaintiff below, appeals from the final order of the Circuit Court of Calhoun County in a civil action instituted by the decedent against Smith and Barker Oil and Gas Company, Inc., Walter E. Smith and Edward M. Smith. The plaintiff below alleged that he was a general partner with the appellees in an oil and gas development enterprise and that the appellees had breached their fiduciary duty...

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