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RASHID v. SCHENCK CONST. CO., INC.

No. 21300.

438 S.E.2d 543 (1993)

190 W.Va. 363

Leroy M. RASHID and Richard C. Rashid, Plaintiffs Below, Appellants, v. SCHENCK CONSTRUCTION COMPANY, INC., and Schenck & Associates, Inc., a Kentucky corporation, Defendants Below, Appellees. United States Fidelity & Guaranty Company, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided April 23, 1993.

Attorney(s) appearing for the Case

William S. Druckman, Preiser Law Firm, Charleston, for appellants.

Gary D. Phillips, Greenbaum, Boone, Treitz, Maggiolo & Brown, Louisville, KY, for appellees.

James R. Watson, Steptoe & Johnson, Charleston, for intervenor.

BROTHERTON, Justice:

This case involves an appeal from the dismissal of a suggestion action in the Kanawha County Circuit Court, brought by the plaintiffs below, the Rashids, against United States Fidelity & Guaranty Company (USF & G). The case below concerned the default of a construction contract by Schenck Construction Company, Inc., on a project being developed by the Rashids, and USF & G's refusal as surety to pay off on the performance bond. The...

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