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SHIRKEY v. MACKEY

No. 19558.

399 S.E.2d 868 (1990)

Emogene Peaslee SHIRKEY and David Shirkey v. Harold MACKEY, d/b/a Mackey Contractors.

Supreme Court of Appeals of West Virginia.

November 29, 1990.

Attorney(s) appearing for the Case

C. Elton Byron, Jr., Abrams, Byron, Henderson & Richmond, Beckley, for Emogene Peaslee Shirkey and David Shirkey.

James M. Brown, File, Payne, Scherer & Brown, Beckley, for Harold Mackey.

BROTHERTON, Justice:

The appellants, Emogene Peaslee Shirkey and David Shirkey, appeal from the June 14, 1989, order of the Circuit Court of Raleigh County, West Virginia, which granted summary judgment in favor of the appellee, Harold Mackey, d/b/a Mackey Contractors, and dismissed the appellants' action on the ground that the ten-year statute of limitations contained in W.Va.Code § 55-2-6a (1983) had run.

On March 10, 1976, Harold Mackey purchased a...

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