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McDANIEL v. KLEISS

No. 24527.

503 S.E.2d 840 (1998)

202 W.Va. 272

Jeffrey McDANIEL, Plaintiff Below, Appellant, v. Irene Adair KLEISS, Defendant Below, Appellee, Aetna, The Standard Fire Insurance Company, Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 12, 1998.

Attorney(s) appearing for the Case

D. Michael Burke, Lawrence M. Schultz, Burke & Schultz, Martinsburg, for Appellant.

Michael D. Lorensen, Bowles Rice McDavid Graff & Love, P.L.L.C., Martinsburg, for Appellee, Irene Adair Kleiss.

Paul B. Weiss, Martin & Seibert, L.C., Martinsburg, for Appellee, Aetna, The Standard Fire Insurance Company.

DAVIS, Chief Justice:

The plaintiff in this case, Jeffrey McDaniel, appeals two separate orders entered by the Circuit Court of Berkeley County on March 25, 1997, in a personal injury action. The first order denied McDaniel's motion to alter or amend a prior order of the court that had distributed, to McDaniel's underinsured motorist insurance carrier, funds that the defendant had deposited with the circuit court pursuant to W.Va.R.Civ.P. Rule 67. The second order...

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