CONLEY v. SPILLERS

No. 15697.

301 S.E.2d 216 (1983)

Marjorie Long CONLEY, et al., etc. v. The Hon. George L. SPILLERS, Judge, etc.

Supreme Court of Appeals of West Virginia.

March 15, 1983.


Attorney(s) appearing for the Case

Edward A. Zagula, Zagula & Hill, Weirton, for petitioners.

William J. Ridgway, Weirton, for respondent.

Charles D. Bell, Wellsburg, for Mfrs. Light & Heat Co.

William E. Watson, Barnes, Watson, Cuomo, Hinerman & Fahey, Wellsburg, for Tri-State Asphalt Corp.

George J. Anetakis, Frankovitch & Anetakis, Weirton, for James White Const. Co.


MILLER, Justice:

In this original prohibition case, we are asked to apply the doctrine of collateral estoppel and hold that the trial court had exceeded its legitimate authority in failing to grant a summary judgment in favor of the plaintiffs, Marjorie Long and Floyd Conley, petitioners herein, and against the defendants, the City of Weirton and Manufacturer's Light & Heat Company (hereinafter Gas Company). The latter is an intervenor herein. We granted a motion...

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