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ANDERSON v. KING

No. 29286.

556 S.E.2d 815 (2001)

210 W.Va. 170

Lee Roy ANDERSON, Plaintiff Below, Appellant, v. Wayne KING, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 27, 2001.

Attorney(s) appearing for the Case

William W. Pepper, Esq., Matthew J. Hayes, Esq., Pepper, Nason & Hayes, Charleston, West Virginia, Attorneys for Appellant.

James Wilson Douglas, Esq., Sutton, West Virginia, Attorney for Appellee.

PER CURIAM:

In this appeal, the appellant, Lee Roy Anderson, claims that the Circuit Court of Calhoun County should have reinstated an action which the court dismissed because of Mr. Anderson's failure to prosecute. Mr. Anderson claims that he reasonably did prosecute the action, that any delay was excusable, and that consequently the court's failure to reinstate constituted an abuse of discretion.

I.

FACTS

The appellee in this proceeding...

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