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MONONGAHELA POWER CO. v. STARCHER

No. 16447.

328 S.E.2d 200 (1985)

MONONGAHELA POWER COMPANY v. The Honorable Larry V. STARCHER, Chief Judge of the Seventeenth Judicial Circuit of West Virginia, Robert W. Guminey and Karen S. Guminey, and Asplundh Tree Expert Service.

Supreme Court of Appeals of West Virginia.

March 22, 1985.

Attorney(s) appearing for the Case

Mary Lou Hill, Furbee, Amos, Webb & Critchfield, Morgantown, for petitioner.

Thomas C. Cady, Booth, for respondent Guimney.

Jeffrey Jackson, Rose, Southern & Padden, Morgantown, for respondent Asplundh Tree.

MILLER, Justice:

The petitioner, Monongahela Power Company (hereinafter Monongahela), in this original proceeding in prohibition seeks to prevent the respondent circuit court judge from conducting further proceedings in a civil action in which the plaintiffs, Mr. and Mrs. Guminey, have sued Monongahela and Asplundh Tree Expert Company (hereinafter Asplundh). Plaintiffs alleged that Asplundh, as the employee and agent of Monongahela, trespassed on their land and negligently...

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