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ALLSTATE WRECKER SERVICE v. KANAWHA

No. 30098.

569 S.E.2d 473 (2002)

212 W.Va. 226

ALLSTATE WRECKER SERVICE and Cecilia Sanson, D.B.A. Allstate Wrecker Service, Plaintiffs Below, Appellants, v. KANAWHA COUNTY SHERIFF'S DEPARTMENT; County Commission of Kanawha County; 911 Emergency Service; City of St. Albans; and Abbott's Garage & Wrecker Service and Eugene Mallory, D.B.A. Abbott's Garage & Wrecker Service, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 24, 2002.

Dissenting Opinion of Justice McGraw July 3, 2002.

Attorney(s) appearing for the Case

Marvin W. Masters, Rachael A. Carrico, Masters & Taylor, Charleston, West Virginia, Attorneys for the Appellants.

Charles R. Bailey, Bailey & Wyant, Charleston, West Virginia, Attorney for the Appellees, Kanawha County Sheriff's Department, County Commission of Kanawha County, and 911 Emergency Service.

Ancil G. Ramey, Joanna I. Tabit, Steptoe & Johnson, Charleston, West Virginia, Attorneys for the Appellee, City of St. Albans.

Thomas J. Gillooly, John A. Singleton, Charleston, West Virginia, Attorneys for the Appellee, Abbott's Garage & Wrecker Service.

PER CURIAM:

Allstate Wrecker Service ("Allstate") appeals from an adverse order entered by the Circuit Court of Kanawha County on December 5, 2000, granting summary judgment to the Kanawha County Sheriff's Department ("Sheriff's Department"); the Kanawha County Commission; 911 Emergency Services; and the City of St. Albans (hereinafter collectively referred to as the "governmental Appellees"); and granting the motion to...

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