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VANKIRK v. GREEN CONST. CO.

No. 22791.

466 S.E.2d 782 (1995)

195 W.Va. 714

Fred VANKIRK, West Virginia Commissioner of Highways, Plaintiff Below, Appellee, v. GREEN CONSTRUCTION COMPANY, an Iowa Corporation, and The American Insurance Company, a Nebraska Corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1995.

Attorney(s) appearing for the Case

Anthony G. Halkias, Jeff Miller, Legal Division, West Virginia Department of Transportation, Charleston, for Appellee.

Robert S. Brams, Gadsby & Hannah, Washington, DC, James K. Brown, Anthony J. Majestro, Jackson & Kelly, Charleston, for Appellants.

MILLER, Justice:

Green Construction Company (Green), an Iowa corporation, and The American Insurance Company (American), a Nebraska corporation, appeal from an order of the Circuit Court of Kanawha County, entered August 23, 1994, granting summary judgment to Fred VanKirk, West Virginia Commissioner of Highways (DOH). DOH filed a declaratory judgment action in the circuit court contending that Green, under its contract...

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