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STATE EX REL. BARDEN AND ROBESON v. HILL

No. 26837.

539 S.E.2d 106 (2000)

STATE of West Virginia ex rel. the BARDEN AND ROBESON CORPORATION, a New York corporation; and Bob Hutton and Gene Hutton, d/b/a Buildings, Inc., Petitioners, v. The Honorable George W. HILL, Jr., Judge of the Circuit Court of Wood County; and Fellowship Baptist Church, By and Through Its Trustees, Glen Gainer, III, Clayton Bond and Kermit Polan, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 12, 2000.

Attorney(s) appearing for the Case

John F. Loehr, Esq., Shawn R. Romano, Esq., Daniels Law Firm, PLLC, Charleston, West Virginia, Attorneys for Petitioners.

Robert L. Bays, Esq., C. Edward McDonough, Esq., Bowles Rice McDavid Graff & Love PLLC, Parkersburg, West Virginia, Attorneys for Respondent Fellowship Baptist Church.

McGRAW, Justice:

In this original jurisdiction proceeding, petitioners seek a writ of prohibition requiring the Circuit Court of Wood County to vacate a default-judgment order entered in a breach-of-contract action brought against them by respondent Fellowship Baptist Church ("Church"). Petitioners assert that the lower court lacked subject-matter jurisdiction over the underlying suit due to the existence of an arbitration provision in a contract between the Church...

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