Joseph M. PERSINGER, on behalf of himself and other shareholders of Persingers, Incorporated, a West Virginia Corporation; Kenneth T. Williamson; Carol Preston Williamson, Plaintiffs-Appellants,
v.
R. Frank CARMAZZI, Sales One, Inc., a West Virginia corporation; Sales Two, Inc., a West Virginia corporation; John C. Morton; W. Guy Wiles, Jr.; William A. Tantlinger; Persingers Incorporated, a West Virginia corporation; William F. Agee; First Huntington National Bank, N.A., Defendants-Appellees.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted January 19, 1994.
Decided February 17, 1994.
Attorney(s) appearing for the Case
G. Nicholas Casey, Jr., Paul M. Friedberg, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, for plaintiffs-appellants.
Edward M. Kowal, Cheryl Lynne Connelly, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for defendants-appellants R. Frank Carmazzi, Sales One, Inc., Sales Two, Inc., John C. Morton, W. Guy Wiles, Jr., William A. Tantlinger, Persingers Inc., and William F. Agee. William C. Beatty, Daniel J. Konrad, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for defendant-appellee First Huntington Nat. Bank.
Supreme Court of Appeals of West Virginia.
NEELY, Justice:
This matter is before this Court pursuant to W.Va.Code 51-1A-1 et seq. [1976]1 on an order of certification from the United States Court of Appeals for the Fourth Circuit. We would point out initially that we are not sitting as an appellate court. Rather, pursuant to W.Va.Code 51-1A-1 [1976] our job is simply to answer the questions of law posed by the Fourth Circuit. Thus, we assume the findings of...
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