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HENRY v. BENYO

No. 24015.

506 S.E.2d 615 (1998)

203 W.Va. 172

William J. HENRY and Ruth Ann Henry, Plaintiffs Below, Appellees, v. James K. BENYO, Defendant Below, Appellee, United States Fidelity and Guaranty Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Mary H. Sanders, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, West Virginia, for the Appellant.

Joseph J. John, John Law Offices, John J. Pizzuti, Camilletti, Sacco & Pizzuti, Wheeling, West Virginia, for the Appellees, William J. Henry and Ruth Ann Henry.

DAVIS, Chief Justice:

The appellant herein, United States Fidelity and Guaranty Insurance Company [hereinafter USF & G], appeals the decision of the Circuit Court of Ohio County, entered December 2, 1996, denying USF & G's motion for declaratory judgment. Prior to USF & G's motion, the plaintiffs below and appellees herein, William J. Henry [hereinafter Henry] and Ruth Ann Henry, filed a civil action against the defendant below and appellee herein, James...

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