FALLSWAY EQUIPMENT CO. v. EGNOR

No. 20246.

412 S.E.2d 273 (1991)

FALLSWAY EQUIPMENT COMPANY, Barboursville Transfer, Inc., and Barboursville Block, Defendants Below, Petitioners, v. Honorable L.D. EGNOR, Judge of the Circuit Court of Cabell County, and DICO, Inc., an Iowa Corporation, Defendant Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1991.


Attorney(s) appearing for the Case

R. Kemp Morton, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for petitioner Fallsway Equipment Co.

Jeffrey A. Taylor, Vinson, Meek, Lewis & Pettit, Huntington, for petitioners Barboursville Block and Barboursville Transfer, Inc.

James Allan Colburn, Colburn and Morris, Huntington, for a respondent DICO, Inc.

Nancy Wilson, Preiser Law Offices, Charleston, for plaintiffs below.


PER CURIAM:

Petitioners, Fallsway Equipment Company, Barboursville Transfer, Inc., and Barboursville Block Manufacturing Company, have petitioned this Court for a writ of prohibition against the Honorable L.D. Egnor, Judge of the Circuit Court of Cabell County, West Virginia. The petitioners contend that they were improperly reinstated as defendants in a civil action from which they had previously been dismissed with prejudice. We agree with the contentions of the...

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