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DENT v. FRUTH

No. 22129.

453 S.E.2d 340 (1994)

192 W.Va. 506

Dorothy DENT, Plaintiff Below, Appellant, v. Jack FRUTH and Fruth Pharmacy, Inc., a Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1994.

Concurring Opinion of Justice McHugh December 14, 1994.

Attorney(s) appearing for the Case

John S. Haight, Ann L. Haight, Mary Jo Allen, Kay, Casto, Chaney, Love & Wise, Stanley E. Preiser, Frederick D. Fahrenz, Charleston, for appellant.

David D. Molgard, McQueen & Brown, Charleston, for appellees.

PER CURIAM:

Petitioner Dorothy Dent (hereinafter the "Appellant") appeals from an order of the Circuit Court of Kanawha County dated September 15, 1993, granting Jack Fruth and Fruth Pharmacy, Inc. (hereinafter the "Appellees") summary judgment. The Appellant requests that this Court reverse the lower court's ruling and remand this case for an adjudication on the merits. We agree with the Appellant's contention, and therefore reverse the lower court's ruling and remand...

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