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DAWSON v. NORFOLK AND WESTERN RY. CO.

No. 22901.

475 S.E.2d 10 (1996)

197 W.Va. 10

Leslie O. DAWSON, Plaintiff Below, Appellee, v. NORFOLK AND WESTERN RAILWAY CO., Defendant and Third Party Plaintiff Below, Appellant. Doug E. COLLINS and Mark S. Hatfield, d/b/a Eagle Trucking Co., Defendants Below, Appellees, v. PEN COAL CORPORATION, Third Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 16, 1996.

Attorney(s) appearing for the Case

Marc E. Williams, Robert L. Massie, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Norfolk and Western Railway Co.

D.C. Offutt, Jr., Scott W. Andrews, Offutt, Eifert, Fisher, Duffield & Nord, Huntington, for Pen Coal Corporation.

PER CURIAM:

Norfolk and Western Railway Company appeals a summary judgment order of the Circuit Court of Wayne County dismissing its third party complaint against Pen Coal Corporation. On appeal, the railway asserts that material issues concerning the responsibility for the underlying October 8, 1991 accident between a train and a coal truck preclude the granting of summary judgment...

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