PINNACLE MIN. v. DUNCAN AIRCRAFT SALES

No. 18855.

387 S.E.2d 542 (1989)

PINNACLE MINING COMPANY OF NORTHERN WEST VIRGINIA v. DUNCAN AIRCRAFT SALES OF FLORIDA, INC.

Supreme Court of Appeals of West Virginia.

November 30, 1989.


Attorney(s) appearing for the Case

George B. Armistead, Baker & Armistead, Morgantown, for Duncan Aircraft Sales of Florida.

Raymond H. Yackel, Oliver & Yackel, Morgantown, for Pinnacle Mining Co. of Northern West Virginia.


MILLER, Justice:

In this appeal, we are asked to determine whether the Circuit Court of Monongalia County erred in setting aside the jury verdict in favor of the defendant below, Duncan Aircraft Sales of Florida, Inc. (Duncan), on its counterclaim against the plaintiff below, Pinnacle Mining Company of Northern West Virginia (Pinnacle), and awarding a new trial on all issues. We find that the trial court erred.

I.

Duncan is a Florida-based retail...

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