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DALTON v. DOE

No. 26437.

540 S.E.2d 536 (2000)

Thelma J. DALTON, Plaintiff Below, Appellant, v. John DOE, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2000.

Dissenting Opinion of Justice McGraw January 12, 2001.

Attorney(s) appearing for the Case

John H. Bicknell, Bert Ketchum, Greene, Ketchum, Bailey & Tweel, Huntington, for Appellant.

J. Tyler Dinsmore, Erica M. Baumgras, Flaherty, Sensabaugh & Bonasso, Charleston, for Prudential Insurance Company.

Catherine D. Munster, McNeer, Highland, McMunn & Varner, Charleston, and Charles S. Piccirillo, Kelly R. Charnock, Shaffer & Shaffer, Madison, for State Farm Mutual Automobile Insurance Company.

PER CURIAM.

This is an appeal by Thelma J. Dalton from an order of the Circuit Court of Logan County granting State Farm Mutual Automobile Insurance Company and Prudential Insurance Company summary judgment in an action which the appellant instituted to recover under the uninsured insurance endorsement to automobile insurance policies issued by the companies. The circuit court concluded that the appellant was precluded from recovering under the uninsured motorist...

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