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BUCKHANNON-UPSHUR CTY. AIRPORT v. R&R COAL

No. 20211.

413 S.E.2d 404 (1991)

BUCKHANNON-UPSHUR COUNTY AIRPORT AUTHORITY, Plaintiff Below, Appellee, v. R & R COAL CONTRACTING, INC., a West Virginia corporation, a/k/a R & R Contracting, Inc., a corporation; W.A. Ryder Contracting Company, Inc., a corporation; Willie A. Ryder; Allied Fidelity Insurance Company, a corporation; L. Robert Kimball and Associates, a Pennsylvania sole proprietorship; Continental Casualty Company, a corporation; Buckeye Union Insurance Company, a corporation; Boston Old Colony Insurance Company, a corporation; Firemen's Insurance Company of Newark, New Jersey, a corporation; and Continental Insurance Company, a corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1991.

Attorney(s) appearing for the Case

James A. Varner, Catherine D. Munster, McNeer, Highland & McMunn, Clarksburg, for Buckhannon-Upshur Airport Authority.

Michael L. Solomon, Busch, Jory, Smith & Talbott, Morgantown, for Buckeye Union Ins. Co., Boston Old Colony Ins. Co., Firemen's Ins. Co., Newark, N.J., and Continental Ins. Co.

W. Arch Irvin, Jr., Wayman, Irvin & McAuley, Pittsburgh, Pa., for L. Robert Kimball and Associates.

Stephen D. Annand, Shuman, Annand & Poe, Charleston, for Continental Cas. Co.

WORKMAN, Justice:

This case is before the Court upon a January 28, 1991, order of the Circuit Court of Upshur County which certified six questions to this Court.1 The lower court answered each of the certified questions in the affirmative. We decline to address the certified questions as formulated since they are largely redundant.2 The question which must be addressed...

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