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CALES v. WILLS

No. 30109.

569 S.E.2d 479 (2002)

212 W.Va. 232

Bobby CALES, Plaintiff Below, Appellee, National Union Fire Insurance Company Of Pittsburgh, Pa., Appellant, v. Mark Steven WILLS, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2002.

Concurring Opinion of Justice Albright July 3, 2002.

Concurring and Dissenting Opinion of Justice McGraw July 11, 2002.

Attorney(s) appearing for the Case

Ancil G. Ramey, Steptoe & Johnson, Charleston, for Appellant, National Union Fire Insurance Company.

E. Kent Hellems, Law Office of E. Kent Hellems, Hinton, Benny G. Jones, Law Office of Benny G. Jones, Beckley, for Appellee, Bobby Cales.

DAVIS, Chief Justice.

National Union Fire Insurance Company, appellant/defendant below (hereinafter referred to as "National"), appeals from an order of the Circuit Court of Summers County denying National's motion to set aside a default and default judgment. The circuit court had awarded a default and default judgment in favor of Bobby Cales, appellee/plaintiff below (hereinafter referred to as "Mr. Cales"), and against...

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