ACT v. UNIVERSITY OF WV BD. OF TRUSTEES

No. 29330.

557 S.E.2d 863 (2001)

210 W.Va. 456

AFFILIATED CONSTRUCTION TRADES FOUNDATION, a Division of the West Virginia Building and Construction Trades Council, AFL-CIO, Plaintiff Below, Appellant, v. The UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2001.


Attorney(s) appearing for the Case

Vincent Trivelli, Stuart Calwell, the Law Offices of Stuart Calwell, PLLC, Charleston, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Beth Ann Rauer, Assistant Attorney General, Charleston, for the Appellees, University of West Virginia Board of Trustees and The University System of West Virginia.

Bruce Ray Walker, General Counsel, State College and University Systems, Charleston, for the Appellee, West Virginia Higher Education Policy Commission.

Stephen P. Goodwin, Carrie Goodwin Fenwick, Goodwin & Goodwin, Charleston, for the Appellee, West Virginia University.

James A. Russell, Steptoe & Johnson, Morgantown, and James R. Watson, Ancil G. Ramey, Kara L. Cunningham, Steptoe & Johnson, Charleston, for the Appellee, West Virginia University Foundation, Inc.

Charles M. Johnstone, II, Thaxton & Johnstone, Charleston, for the Appellees, March-Westin Co., Inc., Paul A. Walker Architect, Inc., and Evan Terry Associates, P.C.

Charles M. Surber, Jr., David Allen Barnette, Christina T. Brumley, Jackson & Kelly, Charleston, and Eric H. London, Jackson & Kelly, Morgantown, for the Appellee, Platinum Properties Limited Liability Company and Petropolus and Associates, Inc.

H.F. Salsbery, Madonna C. Estep, Salsbery & Druckman, Charleston, for James A. Prete.


ALBRIGHT, Justice:

The Affiliated Construction Trades Foundation ("ACT"), a division of the West Virginia Building and Construction Trades Council, AFL-CIO, appeals from the September 29, 2000, order of the Circuit Court of Kanawha County, through which the lower court denied ACT's motion to alter or amend the May 23, 2000, decision granting summary judgment to the Appellees, inter alia, The West Virginia University...

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