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WOOTON v. ROBERTS

No. 25834.

518 S.E.2d 645 (1999)

205 W.Va. 404

Beulah B. WOOTON, Administratrix of the Estate of Robert O. Wooton, Plaintiff Below, Appellant, v. Darryl J. ROBERTS and Legacy One, Inc. (fka Associated Cemetery Estates, Inc.), Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 9, 1999.

Attorney(s) appearing for the Case

Joshua I. Barrett, Esq., Sean P. McGinley, Esq., Debra L. Hamilton, Esq., DiTrapano, Barrett & DiPiero, Charleston, West Virginia, Attorneys for Wooton.

David Allen Barnette, Esq., Christina L. Townsend, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for Roberts.

John J. Nesius, Esq., Robin C. Hewitt, Esq., Jamie S. Alley, Esq., Spillman, Thomas & Battle, Charleston, West Virginia, Attorneys for Legacy One, Inc.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Raleigh County entered on April 17, 1998. In that order, the circuit court directed verdicts in favor of the appellees and defendants below, Darryl J. Roberts and Legacy One, Inc., in an action filed by the plaintiff, Beulah Wooton, administratrix of the Estate of Robert Wooton, alleging breach of fiduciary duty and constructive fraud with regard to corporate stock owned...

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