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McCLURE v. ELMO GREER & SONS OF KENTUCKY, LLC

No. CIV.A. 5:04CV25.

369 F.Supp.2d 832 (2005)

William H. McCLURE and Margaret T. McClure, Plaintiffs, v. ELMO GREER & SONS OF KENTUCKY, LLC, a foreign limited liability company f/k/a Elmo Greer & Sons, Inc., a foreign corporation, Defendant.

United States District Court, N.D. West Virginia.

April 27, 2005.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Paul C. Camilletti, Wheeling, WV, for Plaintiffs.

Eric N. Anderson, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

STAMP, District Judge.

I. Procedural History

On February 4, 2004, the plaintiffs, William and Margaret McClure, filed a civil action in the Circuit Court of Ohio County, West Virginia alleging claims of breach of contract (Count I) and fraud, misrepresentation...

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