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U.S. FIDELITY AND GUAR. CO. v. HATHAWAY

No. 17900.

394 S.E.2d 764 (1990)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation v. Orion M. HATHAWAY and Vivian M. Hathaway.

Supreme Court of Appeals of West Virginia.

June 22, 1990.

Attorney(s) appearing for the Case

W. Henry Lawrence, IV, Steptoe & Johnson, Clarksburg, for USF & G Co.

Caton N. Hill, Jr., Philippi, Jerald E. Jones, Jones, Williams, West & Jones, Clarksburg, for Orion M. Hathaway, Vivian M. Hathaway.

MILLER, Justice:

United States Fidelity and Guaranty Company (USF & G) appeals from an order of the Circuit Court of Barbour County, dated September 29, 1986, which granted Vivian M. Hathaway's motion to dismiss. We find that the trial court committed reversible error when it granted Mrs. Hathaway's motion to dismiss, and, accordingly, we reverse and remand the case for further proceedings.

I.

Orion M. Hathaway and Vivian M. Hathaway are husband...

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