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CHARLESTON LUMBER v. MILLER HOUSING CORP.

No. 2709.

329 S.C. 414 (1998)

496 S.E.2d 637

CHARLESTON LUMBER COMPANY, INC., Respondent, v. MILLER HOUSING CORPORATION, and Robert E. Miller, Jr., Appellants.

Court of Appeals of South Carolina.

Refiled January 12, 1998.

Rehearing Denied March 12, 1998.

Attorney(s) appearing for the Case

Edward J. Westbrook and Christy Gruenloh, both of Ness, Motley, Loadholt, Richardson & Poole, Charleston, for appellants.

Steven L. Smith, of Smith & Collins, North Charleston, for respondent.

ORDER ON REHEARING

CURETON, Judge (en banc):

This court granted appellants' petition for rehearing en banc. In their petition, the appellants claim that a panel of this court, in affirming the grant of summary judgment to Charleston Lumber Company: (1) overruled a previous panel's decision, and (2) improperly ruled on an issue not presented to the trial court. After hearing oral argument, it is ordered that the...

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