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McCORMICK v. ALLSTATE INS. CO.

No. 22551.

459 S.E.2d 359 (1995)

194 W.Va. 82

Donald C. McCORMICK, Plaintiff Below, Appellant, v. ALLSTATE INSURANCE COMPANY and David Dailey, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1995.

Attorney(s) appearing for the Case

James C. Peterson, Harry G. Deitzler, Hill, Peterson, Carper, Bee & Deitzler, Charleston, for appellant.

Charles M. Love III, Benjamin L. Bailey, Bowles Rice McDavid Graff & Love, Charleston, for appellees.

CLECKLEY, Justice:

The plaintiff below and the appellant herein, Donald C. McCormick, brings this appeal from a letter dated May 20, 1994, issued by the Circuit Court of Kanawha County, in which the trial court indicated it would not "re-edit or modify its order of May 18, 1994." The trial court's letter further advised the parties that they may appeal the order if they so desire. The May 18, 1994, order stated the plaintiff did not substantially prevail in the first...

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