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MILLS v. VAN KIRK

No. 22270.

453 S.E.2d 678 (1994)

192 W.Va. 695

Roscoe MILLS, Plaintiff Below, Appellee, v. Fred VAN KIRK, in his Official Capacity as Commissioner of West Virginia Division of Highways, Defendant Below, Appellee, Philip Keller and Donna J. Keller, Intervenors Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Thomas R. Goodwin, Richard D. Owen, Goodwin & Goodwin, Charleston, for appellee Roscoe Mills.

Joyce F. Ofsa, Trina L. Leone, Spilman, Thomas & Battle, Charleston, for appellants.

Jeff Miller, Charleston, for appellee Fred Van Kirk, Com'r.

CLECKLEY, Justice:

The intervenors below and appellants, Philip Keller and Donna J. Keller, appeal an order granting summary judgment in favor of the plaintiff below and appellee, Roscoe Mills. This case concerns the proper interpretation of W.Va.Code, 17-2A-19 (1988), which provides for the disposition of certain turnpike and railroad properties. The intervenors and Fred Van Kirk, in his official capacity as Commissioner of the West Virginia Division of Highways...

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