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SEWELL v. GREGORY

No. 17699.

371 S.E.2d 82 (1988)

Arthur L. and Irma J. SEWELL v. Paul G. GREGORY, Sr.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 29, 1988.

Attorney(s) appearing for the Case

Guy R. Bucci, Charleston, Deborah Henry, Morgantown, Lucien G. Lewin, Martinsburg, for Sewell.

Wm. R. McCune, Jr., Clarence Martin, III, Martinsburg, for Gregory.

Richard L. Douglas, Martinsburg, for Toup & Ways.

McGRAW, Justice:

This is an appeal from an order by the Circuit Court of Berkeley County dismissing certain claims of Arthur L. and Irma J. Sewell, Appellants, against Appellee Paul G. Gregory, Sr., both individually and in his various business capacities.

In 1975, the Appellee built a three bedroom house in his Forest Hills subdivision, located near Martinsburg, and sold the house to William L. and Beverly K. Toup.1 When the Toups...

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