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F & M MUT. FIRE INS. CO. OF W.VA. v. HUTZLER

No. 22039.

447 S.E.2d 22 (1994)

191 W.Va. 559

FARMERS & MECHANICS MUTUAL FIRE INSURANCE COMPANY OF WEST VIRGINIA, dba Farmers & Mechanics Mutual Insurance Company of West Virginia, Plaintiff Below, Appellee, v. James K. HUTZLER; Robert D. Vaughn, Trustee; Robert D. Vaughn and Ruth Vaughn, Defendants Below, Appellants, Andrew Haba, Janet Lowry Haba, as Administrators of the Estate of Andrew J. Haba; the Big Arm Bar and Grill, Inc.; Alto's Club, Inc.; Harry Camper, Commissioner, Alcohol Beverage Control Commission, State of West Virginia; James H. Paige, III, Secretary, West Virginia Department of Taxation and Revenue; Michael Ian Hulbert; and Robert A. Hulbert, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1994.

Attorney(s) appearing for the Case

Wm. Richard McCune, Jr., Donald P. Cookman, Jackson & Kelly, Martinsburg, for appellee, Farmers & Mechanics.

Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for appellants.

Homer A. Speaker, Burke Street Law Center, Martinsburg, for appellees, Habas.

Cynthia A. Gaither, Gaither & Burcham, Martinsburg, for appellee, Big Arm Bar.

Joseph R. Ferretti, Robert J. Schiavonni, Hammer, Ferretti & Schiavonni, Martinsburg, for appellee, Alto's Club.

Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, Martinsburg, for appellees, Camper and Paige.

James A. Varner, Catherine D. Munster, Robert W. Trumble, McNeer, Highland & McMunn, Clarksburg, for appellees, Hulberts.

BROTHERTON, Chief Justice:

The appellants, James K. Hutzler, Robert D. Vaughn, and Ruth Vaughn, ask this Court to reverse the June 7, 1993, order of the Circuit Court of Berkeley County, West Virginia, which awarded summary judgment to the appellee, Farmers & Mechanics Mutual Insurance Company of West Virginia (F & M). The appellants owned and leased The Big Arm Bar & Grill (The Big Arm), a private club located near Shepherdstown in Jefferson County, West...

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