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COBERLY v. COBERLY

No. 30789.

580 S.E.2d 515 (2003)

213 W.Va. 236

John J. COBERLY and Portia Ann Coberly, Plaintiffs Below, Appellants v. Rebecca A. COBERLY, Individually and as Possible Beneficiary of J & J Trust, and as Executrix and Beneficiary of the Estate of John T. Coberly, Deceased Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 17, 2003.

Attorney(s) appearing for the Case

LaVerne Sweeney, Esq., Grafton, for Appellants.

David H. Wilmoth, Esq., Elkins, for Appellee.

PER CURIAM.

In this proceeding, the Circuit Court of Randolph County dismissed a complaint which the appellants, John J. Coberly and Portia Ann Coberly, his wife, had filed against Rebecca A. Coberly. The court dismissed the complaint because the court concluded that it failed to state a claim upon which relief could be granted. On appeal, the appellants claim that their complaint did state a claim upon which relief could be granted and that, as a consequence, the...

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