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POLITINO v. AZZON, INC.

No. 29766.

569 S.E.2d 447 (2002)

212 W.Va. 200

Sue Martin POLITINO, Plaintiff Below, Appellee v. AZZON, INC., and John P. See and Brenda See, Defendants Below, Appellants and Azzon, Inc. and John P. See, Third-Party Plaintiffs, Appellants v. Rodney Politino and Sue's Reclamation & Construction, Inc., A West Virginia Corporation, Third-Party Defendants, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2002.

Dissenting Opinion of Justice Albright, June 24, 2002.

Attorney(s) appearing for the Case

David F. Nelson, Esq., Schumacher, Francis & Nelson, Charleston, for Appellants.

Mark A. Ferguson, Esq., Sprouse & Ferguson, PLLC, Charleston, for Appellee.

PER CURIAM:

This is an appeal by Azzon, Inc., and John P. See and Brenda See, from a summary judgment entered by the Circuit Court of Kanawha County in an action instituted by Sue Martin Politino. The appellant John P. See was ordered to pay Ms. Politino $83,643.53, together with interest, from January 15, 1997. On appeal, the appellants claim that the circuit court erred in entering the summary judgment.

I.

FACTS

The appellant Azzon, Inc...

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