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HOWERTON v. TRI-STATE SALVAGE, INC.

No. 29640.

557 S.E.2d 287 (2001)

210 W.Va. 233

Herbert HOWERTON, Plaintiff Below, Appellant, v. TRI-STATE SALVAGE, INC., a corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2001.

Attorney(s) appearing for the Case

Richard E. Hardison, Jr., Esq., Harry G. Camper, Jr., Esq., Beckley, for Appellant.

F. Alfred Sines, Jr, Esq., Victoria L. Casey, Esq., Casey & Associates, Charleston, for Appellee.

PER CURIAM.

This matter is before this Court on an appeal from an order entered on October 13, 2000, by the Circuit Court of Raleigh County, denying a motion to reconsider its earlier order denying appellant Herbert Howerton's motion to reinstate his personal injury action against Tri-State Salvage, Inc. ("Tri-State"). The circuit court by order dated February 17, 2000, dismissed the action for failure of the plaintiff, now appellant, to prosecute the case.

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