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WARDEN v. BANK OF MINGO

Nos. 16543, 16544.

341 S.E.2d 679 (1985)

Silas J. WARDEN, et al, v. BANK OF MINGO, et al. (two cases.)

Supreme Court of Appeals of West Virginia.

Rehearing Denied April 4, 1986.

Attorney(s) appearing for the Case

John H. Tinney, William M. Herlihy, Spilman, Thomas, Battle & Klostermeyer, Charleston, Millard E. Jewell, Williamson, for appellants.

Stephen P. Meyer, Meyer & Perfater, Charleston, for appellees.

BROTHERTON, Justice:

This case presents two consolidated appeals from a judgment of the Circuit Court of Mingo County granting Silas J. and Christine Warden judgment against the appellants, The Bank of Mingo and Appalachian Life Insurance Company, in the amounts of $10,000.00 and $24,916.87, respectively. We find error in the lower court's decision and reverse.

The basic facts are not in dispute. The Bank of Mingo...

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