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TOLLIVER v. KROGER CO.

No. 23940.

498 S.E.2d 702 (1997)

201 W.Va. 509

Linda Sue TOLLIVER and Dana L. Tolliver, Plaintiffs Below, Appellants, v. THE KROGER COMPANY, a corporation conducting business in West Virginia, Terry Lucas, an individual, Philip Helms, an individual and Fred Fenton, an individual, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 21, 1997.

Attorney(s) appearing for the Case

Jerry Blair, Huntington, for Appellants.

Edward M. Kowal, Jr., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for Appellees.

DAVIS, Justice:

This is an appeal by Linda Sue Tolliver and Dana L. Tolliver, appellants/plaintiffs, from an order of the Circuit Court of Cabell County granting partial summary judgment to The Kroger Company, Terry Lucas, Philip Helms and Fred Fenton, appellees/defendants in an action alleging intentional infliction of emotional distress and assault and battery. The Tollivers contend that the circuit court erred in ruling...

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