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JONES v. JONES

No. 28723.

551 S.E.2d 37 (2001)

209 W.Va. 701

James B. JONES, Eugene K. Jones, Mary Lou Maynard, Bobby Lee Jones and Paul H. Jones, Plaintiffs Below, Appellants, v. Sidney L. JONES, Individually and as Co-Executor of the Estate of Ochel Jones, Deceased, and Kyle Jones, Individually and as Co-Executor of the Estate of Ochel Jones, Deceased Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 22, 2001.

Attorney(s) appearing for the Case

Alvin E. Gurganus, II, Esq., Shott, Gurganus & Williamson, Bluefield, West Virginia, Attorney for Appellants.

Robert B. Allen, Esq., Phillip J. Combs, Esq., Allen, Guthrie & McHugh, Charleston, West Virginia and Wade T. Watson, Esq., Brumfield & Watson, Bluefield, West Virginia, Attorneys for Appellees.

PER CURIAM:

This is an appeal by James B. Jones, Eugene Jones, Mary Lou Maynard, Bobby Lee Jones and Paul H. Jones from a summary judgment entered by the Circuit Court of McDowell County in an action involving the estate of their mother, Ochel Jones. On appeal, the appellants claim that there were material questions of fact to be tried at the time the circuit court entered summary judgment, and that under the circumstances, summary judgment was improper.

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