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SMITH v. SEARS, ROEBUCK & CO.

No. 21887.

447 S.E.2d 255 (1994)

191 W.Va. 563

Charles E. SMITH and Annette Smith, Plaintiffs Below, v. SEARS, ROEBUCK & COMPANY, Gregory Bond and Ora L. "Bud" Patton, Jr., Defendants Below. Ora L. "Bud" PATTON, Jr., Third-Party Plaintiff Below, Appellee, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Third-Party Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 7, 1994.

Attorney(s) appearing for the Case

Mary H. Sanders and Blake Benton, Huddleston, Bolen, Beatty Porter & Copen, Charleston, for appellant.

Vincent King, Charleston, for appellee.

PER CURIAM:

Nationwide Mutual Fire Insurance Company (hereinafter Nationwide) appeals a partial summary judgment order of the Circuit Court of Kanawha County requiring Nationwide to provide a defense to Ora "Bud" Patton in a suit brought against him by Charles E. and Annette Smith for assault and battery, intentional infliction of emotional distress and defamation. On appeal, Nationwide argues that under Mr. Patton's homeowner...

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