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GATEWAY COMMUNICATIONS v. JOHN HESS, INC.

No. 27778.

541 S.E.2d 595 (2000)

GATEWAY COMMUNICATIONS, INC., a Corporation, Plaintiff Below, Appellant v. JOHN R. HESS, INC., a Corporation; Insurance Company of North America, a Corporation; and Stieglitz, Stieglitz, Tries, P.C., Architects/Planners, a Corporation, Defendants Below Insurance Company of North America, a Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2000.

Dissenting Opinion of Justice Starcher January 11, 2001.

Attorney(s) appearing for the Case

C. Robert Schaub, Schaub Law Offices, L.C., Huntington, for Plaintiff Below, Appellant.

Randall L. Trautwein, Lamp, O'Dell, Bartram, Levy & Trautwein, Huntington, and Jarrell D. Wright, Eckert Seamans Cherin & Mellott, L.I., Pittsburgh, PA, for Defendant Below, Appellee.

MAYNARD, Chief Justice:

The appellant, Gateway Communications, Inc., appeals from the October 18, 1999 order of the Circuit Court of Cabell County which dismissed the appellant's action against the appellee, Insurance Company of North America, on the ground that the action was barred by the time limitation contained in the performance bond on which the action was brought.

I.

FACTS

The appellant...

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