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CAVENDER v. FOUTY

No. 22807.

464 S.E.2d 736 (1995)

195 W.Va. 94

Otis L. CAVENDER and Marguerite M. Cavender, Plaintiffs Below, Appellants, v. Billy FOUTY and Patricia Fouty, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 26, 1995.

Attorney(s) appearing for the Case

George M. Scott, Spencer, for Appellants.

David A. Sims, Debra Tedeschi Hall, Elkins, for Appellees.

PER CURIAM:

Otis L. and Marguerite M. Cavender appeal an order of the Circuit Court of Roane County granting Billy and Patricia Fouty summary judgment and dismissing Mr. and Mrs. Cavender's complaint with prejudice. On appeal, the Cavenders argue that the circuit court erred in finding that Mr. and Mrs. Fouty owed no duty to Mr. Cavender because he was a licensee. The Cavenders allege that because Mr. Cavender was an invitee, on the Foutys' property for a business...

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