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CANNELTON INDUS. v. AETNA CAS. & SUR. CO.

No. 22164.

460 S.E.2d 18 (1994)

194 W.Va. 203

CANNELTON INDUSTRIES, INC., Plaintiff Below, Appellant, v. The AETNA CASUALTY & SURETY COMPANY OF AMERICA, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1994.

Attorney(s) appearing for the Case

John L. McClaugherty, W. Warren Upton, Gale R. Lea, Jackson & Kelly, Charleston, for appellant.

James D. McQueen, Jr., Kathlene Harmon-McQueen, McQueen & Brown, Charleston, for the appellee West Virginia Ins. Guar. Ass'n.

McHUGH, Justice:

This case is before this Court upon appeal from the September 28, 1993, order of the Circuit Court of Kanawha County, West Virginia. Pursuant to the appellee's, West Virginia Insurance Guaranty Association (hereinafter "WVIGA"), motion to dismiss, the circuit court, in that order, dismissed the appellant's, Cannelton Industries, Inc. (hereinafter "Cannelton"), complaint with prejudice. The appellant asks that this Court reverse the circuit court's...

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