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PAYNE'S HARDWARE v. APPLE VALLEY TRADING

No. 23861.

490 S.E.2d 772 (1997)

200 W.Va. 685

PAYNE'S HARDWARE & BUILDING SUPPLY, INC., a West Virginia Corporation, Plaintiff Below, Appellee, v. APPLE VALLEY TRADING COMPANY OF WEST VIRGINIA, a West Virginia corporation; Home Federal Savings Bank, a Maryland corporation; Richard A. Pill, Trustee; Cecil's Hardware & Building Supply, Inc., a West Virginia corporation; Tony W. Smith Heating & Air Conditioning, Defendants, Third-Party Plaintiffs Below, Appellees. Arthur Eric WOODMAN and Cynthia Mary Woodman, Defendants, Third-Party Plaintiffs Below, Appellants, v. Kirk E. DAVIS, individually and as President of Apple Valley Trading Company of West Virginia; Larry Winegarden, individually and as Principal of Apple Valley Trading Company of West Virginia, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1997.

Attorney(s) appearing for the Case

Mary L.C. Daniel, Daniel T. Booth, Martin & Seibert, Martinsburg, for Payne's Hardware & Building Supply, Inc.

Patrick G. Henry, III, Henry, Taylor & Janelle, Martinsburg, for Cecil's Hardware.

Amanda Lewis, Martinsburg, for Tony W. Smith Heating & Air Conditioning.

Margaret A. Gordon, Berkeley Springs, for Home Federal Savings and Richard A. Pill, Trustee.

Robert Aitcheson, Charles Town, for Woodmans.

Scott A. Ollar, Martinsburg, for Larry Winegarden.

PER CURIAM:

This is an appeal by Arthur and Cynthia Woodman (hereinafter "Appellants") from a January 3, 1996, order of the Circuit Court of Berkeley County denying the Appellants' motion for reconsideration of a November 9, 1995, order granting summary judgment in favor of the Plaintiff/Appellee Payne's Hardware, Inc. (hereinafter "Appellee"). The Appellants contend that the lower court erred in granting summary judgment to the Appellee

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