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SMALLRIDGE v. SIPE

No. 19716.

405 S.E.2d 465 (1991)

Carl A. SMALLRIDGE, Executor of the Estate of Gladys Smallridge; and Thomas Hillyard, Sr., Plaintiffs Below, Appellees, v. Rosalee SIPE, as Executrix of the Estate of Harry Hillyard; Rosalee Sipe, Individually; and John William Sipe, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 24, 1991.

Attorney(s) appearing for the Case

Gerald E. Jones, West & Jones, Clarksburg, for appellants.

Thomas G. Freeman, Mark A. Mangano, Jackson & Kelly, Charleston, for appellees.

PER CURIAM:

Rosalee Sipe and John William Sipe, the defendants below, appeal an order of the Circuit Court of Barbour County, dated February 22, 1990, granting summary judgment for Carl A. Smallridge, Executor of the Estate of Gladys Smallridge, and Thomas Hillyard, Sr. The Sipes contend that summary judgment was improper because there was sufficient evidence presented to raise a genuine issue of material fact. We agree; therefore, we reverse and remand the case for...

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