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GROUND BREAKERS v. CITY OF BUCKHANNON

No. 20998.

422 S.E.2d 519 (1992)

188 W.Va. 42

GROUND BREAKERS, INC., Plaintiffs Below, Appellant, v. CITY OF BUCKHANNON, a Municipal Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 9, 1992.

Attorney(s) appearing for the Case

Gary S. Wigal, Morgantown, for appellant.

David W. McCauley, Coleman & Wallace, Buckhannon, for appellee.

PER CURIAM:

In 1989, Ground Breakers, Inc., signed a construction contract with the City of Buckhannon under which Ground Breakers would replace sewer lines in the City. As part of its contractual obligation, Ground Breakers was to repave the affected streets following completion of the sewer replacement project.

During excavation of a portion of a street, the ground under the street shifted, resulting in cracks in the pavement as the work proceeded. Ground...

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