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WHORTON v. MALONE

No. 28724.

549 S.E.2d 57 (2001)

209 W.Va. 384

Floyd WHORTON and Mildred Whorton, His Wife, Plaintiffs Below, Appellants, v. Carol MALONE, Individually and DBA Carol's Beauty Salon; Kimberly S. Bradfield and Her Husband, Robert W. Bradfield; Jayne Wagoner and Her Husband, Brian Wagoner; Wanda J. Dowden, Individually and DBA Dowden Heights, James W. Dowden, Jr., Individually and DBA Dowden Heights; John Doe, DBA Sunrise Heights Subdivision, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 15, 2001.

Attorney(s) appearing for the Case

Lawrence E. Sherman, Jr., Esq., Romney, West Virginia, Attorney for Appellants.

V. Alan Riley, Esq., Keyser, West Virginia, Attorney for Appellee Carol Malone.

McGRAW, Chief Justice:

Appellants Floyd and Mildred Whorton, plaintiffs below, appeal a March 15, 2001, order of the Circuit Court of Mineral County granting summary judgment in favor of certain defendants below. The Whortons filed suit against several neighboring landowners for flooding and water damage to their home and property, which they alleged was caused by the acts and omissions of the defendants in controlling the flow of water on the various properties....

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