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FIRST NAT. BANK OF BLUEFIELD v. CLARK

No. 18132.

383 S.E.2d 298 (1989)

The FIRST NATIONAL BANK OF BLUEFIELD v. Andrew L. CLARK and William L. Sheppard.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 20, 1989.

Attorney(s) appearing for the Case

Carl L. Fletcher, Jr., S, T, B & K, Charleston, for Andrew L. Clark.

Charles McElwee, Robinson & McElwee, Charleston, for First Nat. Bank of Bluefield.

MILLER, Justice:

Andrew L. Clark and William L. Sheppard, the defendants below, appeal from a summary judgment entered against them on January 7, 1987, by the Circuit Court of Mercer County. We find that there are issues of fact to be tried, and reverse the judgment.

I.

The defendants were the sole partners in Chanticleer, a West Virginia partnership that proposed to construct twenty townhouse units in Princeton. They approached the Mercer County...

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