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BAUER ENTERPRISES, INC. v. FRYE

No. 19019.

382 S.E.2d 71 (1989)

BAUER ENTERPRISES, INC., a Corporation v. Hon. Andrew N. FRYE, Jr., Judge of the Circuit Court of Tucker County, Alma F. Fowler, and James "Jim" Strahin.

Supreme Court of Appeals of West Virginia.

June 16, 1989.

Attorney(s) appearing for the Case

James F. Cain, Elkins, for Bauer Enterprises, Inc.

William M. Miller, Parsons, for Fowler and Strahin.

PER CURIAM:

In this original proceeding in prohibition, the relator, Bauer Enterprises, Inc. (Bauer), asks that we direct the respondent, the Honorable Andrew N. Frye, Jr., Judge of the Circuit Court of Tucker County, to grant the petitioner's motion for a summary judgment against the respondent, Alma F. Fowler. Bauer's contention is that the trial court clearly acted in excess of its authority since there was no genuine...

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