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GRAHAM v. BEVERAGE

No. 30110.

566 S.E.2d 603 (2002)

211 W.Va. 466

Spencer and Helen GRAHAM, Plaintiffs Below, Appellants v. Samuel H. BEVERAGE, P.C., in His Capacity as Commissioner of Highways, State of West Virginia Department of Transportation, Division of Highways, Earle and Jean Parker, and Paul Burcham, Defendants Below, Appellees

Supreme Court of Appeals of West Virginia.

Decided June 12, 2002.

Attorney(s) appearing for the Case

Braun A. Hamstead, Brian J. McAuliffe, Hamstead & Associates, L.C., Charles Town, for the Appellants.

William R. Kuykendall, Keyser, for the Appellee, Samuel H. Beverage, Comm'r.

Michael D. Lorensen, Tracy A. Rohrbaugh, Bowles Rice McDavid Graff & Love, P.L.L.C., Martinsburg, for the Appellees, Earle and Jean Parker.

ALBRIGHT, Justice:

Appellants/plaintiffs below, Spencer and Helen Graham, appeal from separate orders of the Circuit Court of Berkeley County dated April 5, 2001, from which summary judgment was granted to the appellees/defendants below Earle and Jean Parker and Samuel H. Beverage, in his capacity as Commissioner of the Division of Highways within the West Virginia Department of Transportation

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