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TOLLEY v. CARBOLINE CO.

No. 31751.

617 S.E.2d 508 (2005)

217 W.Va. 158

James Tolley and Nancy TOLLEY, his wife, Plaintiffs Below, Appellants, v. CARBOLINE COMPANY, a Delaware Corporation, E.I. Dupont De Nemours and Company, a Delaware corporation, and Fina Oil and Chemical Company, a Delaware Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 18, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

Vincent Trivelli, Morgantown, Stuart Calwell, Charleston, West Virginia, Attorneys for Appellants.

John R. McGhee, Jr., Kay Casto & Chaney, Charleston, West Virginia, Attorney for Appellee Carboline.

Paula L. Durst, James S. Crockett, Jr., Beth Ann Rauer, Spilman Thomas & Battle, Charleston, West Virginia, Attorneys for Appellee E.I. DuPont.

Rodney L. Baker II, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, West Virginia, Attorney for Appellee Fina Oil.

PER CURIAM:

James and Nancy Tolley, husband and wife, appellants/plaintiffs below (hereinafter referred to as "the Tolleys"), appeal an order of the Circuit Court of Kanawha County granting summary judgment in favor of Carboline Company, E.I. DuPont De Nemours and Company, and Fina Oil and Chemical Company, appellees/defendants below (hereinafter referred to as "the Appellees"). The Tolleys contend that genuine issues of material fact were in dispute, and, therefore...

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