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McCORMICK v. WALMART STORES

No. 31396.

600 S.E.2d 576 (2004)

215 W.Va. 679

Mindy and Billy McCORMICK, Plaintiffs Below, Appellants, and David CARROLL, Plaintiff Below, Appellant, v. WALMART STORES, INC., a Delaware corporation; RCDI Construction, Inc., a West Virginia corporation; West Virginia Department of Transportation, Division of Highways, an agency of the state government of the State of West Virginia; and the Town of Lewisburg, West Virginia, a municipality, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 7, 2004.

Dissenting Opinion of Justice Maynard June 30, 2004.

Attorney(s) appearing for the Case

Mark D. Moreland, Esq., Charleston, for Appellants.

Roger A. Wolfe, Esq., Jackson & Kelly, Charleston, for Appellee Walmart Stores, Inc.

Daniel R. Schuda, Esq., Robert A. Lockhart, Esq., Schuda & Associates, Gary E. Pullin, Esq., Pullin, Fowler & Flanagan, Charleston, for Appellee RCDI Construction, Inc.

Ancil G. Ramey, Esq., Nora Clevenger Price, Esq., Steptoe & Johnson, Charleston, for Appellee Town of Lewisburg.

Christopher A. Brumley, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, for Freeland-Clinkscales & Kauffman, Inc.

PER CURIAM:

This case is an appeal from the Circuit Court of Greenbrier County's dismissal of the appellee Town of Lewisburg ("the Town"), a municipality and a political subdivision of the State of West Virginia, as a defendant from a lawsuit, on the grounds that the plaintiffs' second amended complaint failed to state a claim against the Town for which relief could be granted. The plaintiffs in the lawsuit in question (and appellants in this Court) are Mindy and...

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