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BARTLEY v. D.L. MORGAN, JR., INC.

No. 25337.

516 S.E.2d 513 (1999)

205 W.Va. 109

John G. BARTLEY and Paul R. Bartley, d/b/a Panhandle Athletic Club, Plaintiffs Below, Appellants, v. D.L. MORGAN, JR., INC., and Westfield Insurance Companies, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1999.

Attorney(s) appearing for the Case

Lawrence M. Schultz, Esq., Ronald M. Harman, Esq., Burke & Schultz, Martinsburg, West Virginia, Attorneys for Bartleys.

Robert W. Trumble, Esq., William F. Rohrbaugh, Esq., Tracey Rohrbaugh, Esq., McNeer, Highland, McMunn & Varner, Martinsburg, West Virginia, Attorneys for Westfield.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Berkeley County entered on February 13, 1998. Pursuant to that order, the circuit court granted summary judgment in favor of the appellee, Westfield Insurance Company (hereinafter "Westfield"), in a declaratory judgment action instituted by the appellants, John G. Bartley and Paul R. Bartley d/b/a Panhandle Athletic Club. The appellants sought to determine whether their...

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