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KELL v. APPALACHIAN POWER CO.

No. 15067.

289 S.E.2d 450 (1982)

Thurman J. KELL, Frances L. Kell, Ronald J. Kell and Patricia Kell v. APPALACHIAN POWER COMPANY, a Corporation.

Supreme Court of Appeals of West Virginia.

Rehearing Denied May 27, 1982.

Attorney(s) appearing for the Case

Lilly & Lilly, Michael H. Lilly, Bluefield, for appellants.

Love, Wise, Robinson & Woodroe, Mario J. Palumbo, Joseph M. Price, Charleston, for appellee.

McHUGH, Justice:

This case is before this Court on an appeal from a final order of the Circuit Court of McDowell County, entered on June 5, 1980, which granted a motion for summary judgment filed by the Appalachian Power Company (hereinafter the power company) and denied a motion for summary judgment filed by Thurman J. Kell, Frances L. Kell, Ronald J. Kell, and Patricia Kell (hereinafter the Kells). The facts of the case are not in dispute.

The Kells own...

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