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MANN v. GOLUB

No. 18376.

389 S.E.2d 734 (1989)

Harry MANN as Ancillary Executor of the Estate of Irene Mann v. Sheldon GOLUB; Howard Golub; Sidney Blau; Senior Towers Associates; Michael Zukerman; and Sidgo Realty Company.

Supreme Court of Appeals of West Virginia.

On Rehearing February 22, 1990.

Attorney(s) appearing for the Case

John C. Skinner, Nichols & Skinner, Charles Town, for Harry Mann.

Anthony Labozzetta, New York City, for Golubs & Blau.

Charles F. Printz, Jr., Riche, Douglas and Shingleton, Martinsburg, for Senior Towers Assoc.

L. Alvin Hunt, Hunt and Wilson, Charleston, for Michael Zukerman.

PER CURIAM:

Harry Mann appeals from a final order of the Circuit Court of Berkeley County entered April 13, 1987. Mann asserts that the trial court erred: (1) by converting his remedy from one seeking money damages to specific performance; (2) by designating the jury as advisory; and (3) by refusing to allow him to testify as an expert witness. We agree and remand with directions.

In 1975, Mann approached Sidney Blau, Sheldon Golub, and Howard Golub, three...

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