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CMC ENTERPRISE v. KEN LOWE MANAGEMENT CO.

No. 26431.

525 S.E.2d 295 (1999)

206 W.Va. 414

CMC ENTERPRISE, INC., Plaintiff Below, Appellee, v. KEN LOWE MANAGEMENT COMPANY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1999.

Dissenting Opinion of Justice Maynard December 16, 1999.

Attorney(s) appearing for the Case

Susan R. Snowden, Esquire, Martinsburg, West Virginia, Attorney for Appellant.

Duke A. McDaniel, Esquire, Petersburg, West Virginia, Attorney for Appellee.

PER CURIAM:

This case is before the Court upon the appeal of the Appellant, Ken Lowe Management Co., from the November 9, 1998, order of the Circuit Court of Grant County, wherein following a bench trial,1 judgment was entered in favor of the Appellee, CMC Enterprises, Inc., in the amount of $42,973 with interest from July 1, 1996. The Appellant argues that the lower court erred: 1) by failing to apply and construe the contract against...

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