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MILLER v. MONTGOMERY INVESTMENTS, INC.

No. 18956.

387 S.E.2d 296 (1989)

Nettie MILLER v. MONTGOMERY INVESTMENTS, INC.; Woodland Realty Company; J.W. Riccardi, d/b/a Riccardi & Ramsey; and Walter Ramsey, d/b/a Riccardi & Ramsey.

Supreme Court of Appeals of West Virginia.

November 16, 1989.

Attorney(s) appearing for the Case

John McFerrin, Charleston and Susan Dalporto, Hamlin, for Nettie Miller.

John E. Lutz and J.W. Riccardi, Charleston, for Montgomery Investments, Inc., Woodland Realty Co., and J.W. Riccardi.

BROTHERTON, Chief Justice:

A landslide, which originated on property owned by Montgomery Investments, Inc., destroyed the appellant, Nettie Miller's house. The appellant sued for damages. Montgomery Investments, Inc., and the other defendants moved for summary judgment, and on March 16, 1988, the Circuit Court of Fayette County granted the motion. On appeal, the appellant claims that the circuit court erred in granting summary judgment and in not holding Montgomery...

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