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CHRISTIAN v. SIZEMORE

No. 19897.

407 S.E.2d 715 (1991)

Willetta Dawn CHRISTIAN, Plaintiff Below, Appellant, v. Rodney Lee SIZEMORE, Hester Sizemore, Federal Kemper Insurance Company, and John Doe, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1991.

Attorney(s) appearing for the Case

Joseph A. Colosi, Welch, for appellant.

Mark E. Kinley, Charleston, for appellees Federal Kemper Ins. Co. and John Doe.

Kermit Moore, Bluefield, for appellee Rodney Sizemore.

WORKMAN, Justice:

This is an appeal by Willetta Dawn Christian from an August 24, 1990, final order of the Circuit Court of McDowell County granting summary judgment against her. The appellant contends that the lower court erred by relying upon principles of collateral estoppel to grant summary judgment and in granting summary judgment where genuine issues of material fact existed. We agree that collateral estoppel was not appropriately employed in this case and reverse...

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