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STATE EX REL. FRAZIER & OXLEY v. CUMMINGS

No. 30434.

569 S.E.2d 796 (2002)

212 W.Va. 275

STATE of West Virginia ex rel. Frazier & Oxley, L.C., a West Virginia Legal Corporation, and William M. Frazier, Individually, Petitioners v. Honorable John L. CUMMINGS, Judge of the Circuit Court of Cabell County, St. James Management Company, L.L.C, a West Virginia Limited Liability Company, and City National Bank of West Virginia, Respondents

Supreme Court of Appeals of West Virginia.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Thomas E. Scarr, Esq., Stephen J. Golder, Esq., Michael E. Estep, Esq., Jenkins Fenstermaker, PLLC, Huntington, West Virginia, Attorneys for Petitioners.

Daniel T. Yon, Esq., Molly Baber, Esq., Bailes, Craig & Yon, Huntington, West Virginia, Attorneys for St. James Management.

Ancil G. Ramey, Esq., Michelle E. Piziak, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for City National Bank.

MAYNARD, Justice:

Petitioners, Frazier & Oxley, L.C. and William M. Frazier (Frazier & Oxley), seek extraordinary relief from a February 6, 2002 order entered by the Circuit Court of Cabell County which granted partial summary judgment to the respondents, St. James Management Company, LLC (St.James) and City National Bank of West Virginia. Frazier & Oxley argues that the prime lease between St. James and City...

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