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YOST v. HAUN

No. 24749.

512 S.E.2d 228 (1998)

204 W.Va. 306

Carleen YOST and Billie J. Haun, Plaintiffs Below, Appellants, v. James C. HAUN, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 14, 1998.

Attorney(s) appearing for the Case

Lawrence E. Morhous, Esq., Brewster, Morhous & Cameron, PLLC, Bluefield, West Virginia, Attorney for the Appellants.

C. William Davis, Esq., Richardson & Davis, Bluefield, West Virginia, Attorney for the Appellee.

PER CURIAM:

This case is before the Court upon the appeal of Carleen Yost and Billie J. Haun, from a March 10, 1997, order of the Circuit Court of Mercer County, which granted Appellee James C. Haun's motion to dismiss. Appellants assign as error the trial court's granting of Appellee's motion to dismiss. Appellants request that this Court remand the case with instructions for a new trial. For the reasons stated below, this case is reversed and remanded.

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