ELKINS MANOR ASSOC. v. ELEANOR CONCRETE

No. 19272.

396 S.E.2d 463 (1990)

ELKINS MANOR ASSOCIATES, a Limited Partnership, and Elkins Manor, Inc., a Corporation, v. ELEANOR CONCRETE WORKS, INC., a Corporation v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third-Party Plaintiff Below v. Lawrence D. BUTCHER, Third-Party Defendant Below.

Supreme Court of Appeals of West Virginia.

July 25, 1990.


Attorney(s) appearing for the Case

Richard W. Gallagher, Jeffrey A. Kimble, McNeer, Highland & McMunn, Clarksburg, for Elkins Manor Associates.

David Nibert, Kingery & Nibert, Point Pleasant, for Eleanor Concrete Works, Inc. and Lawrence Butcher.

James R. Watson, Randall C. Light, Steptoe & Johnson, Clarksburg, for U.S. Fidelity & Guar. Co.


MILLER, Justice:

Elkins Manor Associates and Elkins Manor, Inc., appeal from a final order of the Circuit Court of Randolph County, entered on January 17, 1989, which granted Eleanor Concrete Works, Inc., United States Fidelity and Guaranty Company, and Lawrence Butcher a directed verdict. We have reviewed the record, and we find that the trial court erred in directing a verdict. Accordingly, we reverse and remand the case...

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