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STATE EX REL. PARKLAND DEV. v. HENNING

No. 21571.

429 S.E.2d 73 (1993)

189 W.Va. 186

STATE of West Virginia ex rel. PARKLAND DEVELOPMENT, INC. and William Abruzzino, Petitioners, v. Honorable John L. HENNING, Judge of the Circuit Court of Randolph County, and E.R.A. Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 25, 1993.

Attorney(s) appearing for the Case

William W. Talbott, Webster Springs, for petitioners.

Evans L. King, Jr., Randall C. Light, Steptoe & Johnson, Clarksburg, for E.R.A. Corp.

PER CURIAM:

Parkland Development, Inc. and William Abruzzino, Parkland's president, seek to vacate an order, entered by John L. Henning, Judge of the Circuit Court of Randolph County dated September 21, 1992, that denied their motion to dismiss and expunge a notice of lis pendens1 filed by respondent E.R.A. Corporation. Because W.Va.Code 55-11-2 [1923] states that a notice of

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