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EASTERN STEEL v. CITY OF SALEM

No. 28202.

549 S.E.2d 266 (2001)

209 W.Va. 392

EASTERN STEEL CONSTRUCTORS, INC., a Maryland Corporation Doing Business in the State of West Virginia, Plaintiff Below, Appellant, v. The CITY OF SALEM, a Municipal Corporation; and Kanakanui Associates, a West Virginia Corporation; and Unidentified John Doe Defendants, Defendants Below, Appellees, and The City of Salem, a Municipal Corporation, Third-Party Plaintiff Below, Appellee, v. Old Republic Surety Company, a Corporation Domiciled in the State of Wisconsin, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 9, 2001.

Dissenting Opinion of Justice Maynard July 2, 2001.

Concurring Opinion of Justice Starcher July 10, 2001.

Attorney(s) appearing for the Case

Gary S. Wigal, Gianola, Barnum & Wigal, Morgantown, for the Appellant.

James C. Higgins, Dennis V. Garrison, III, Rist, Higgins & Associates, P.L.L.C., Beckley, for Appellee Kanakanui Associates.

DAVIS, Justice.

Eastern Steel Constructors, Inc., a contractor, appeals an order of the Circuit Court of Harrison County granting summary judgment in favor of Kanakanui Associates, a design professional, as to Eastern Steel Constructors' claims for professional negligence, implied warranty of plans and specifications, and as a third-party beneficiary to a contract between Kanakanui Associates and the City of Salem, West Virginia. The circuit court rejected the claim...

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