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SCHUPBACH v. NEWBROUGH

No. 15689.

313 S.E.2d 432 (1984)

Terry Dale SCHUPBACH, et al. v. James W. NEWBROUGH, et al.

Supreme Court of Appeals of West Virginia.

March 2, 1984.

Attorney(s) appearing for the Case

Richard A. Bush, William E. Kiger, Parkersburg, for appellant.

Elmer Earl Bowser, Jr., New Martinsville, for appellee.

HARSHBARGER, Justice:

The Tyler County Circuit Court enjoined the Schupbachs from interfering with the Newbroughs' use of a right-of-way across their property, and we are asked to reverse and remand for a new trial.

In December, 1980, the Schupbachs sued the Newbroughs to prevent them from going across their property to get to the Newbrough home, and for damages. The Newbroughs answered, denied the allegations, and counterclaimed for an injunction to prevent...

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