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MIDKIFF v. KENNEY

No. 17930.

375 S.E.2d 419 (1988)

Donald W. MIDKIFF and Josephine Midkiff, etc., Plaintiffs Below, Appellees, v. Robert H. KENNEY, Jr., and Ruthie E. Kenney, etc., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

November 23, 1988.

Attorney(s) appearing for the Case

Charles H. Covert, St. Albans, for appellants.

Alfred B. McCuskey, II, St. Albans, for appellees.

PER CURIAM:

Donald W. Midkiff and Josephine Midkiff purchased their new home from the builder Robert H. Keeney, Jr. and his wife, Ruthie E. Keeney on February 15, 1979 for $73,900. On August 21, 1981, the Midkiffs instituted a suit against the Keeneys, which alleged that faulty construction had caused (1) the earth to slip around the house causing structural damage and (2) a fire from the fireplace. After the Keeneys received the summons and complaint on March 21...

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