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WEBSTER COUNTY v. BRACKENRICH & ASSOC.

No. 31861.

617 S.E.2d 851 (2005)

217 W.Va. 304

WEBSTER COUNTY SOLID WASTE AUTHORITY, Plaintiff Below, Appellant, v. BRACKENRICH & ASSOCIATES, INC., a West Virginia Corporation; Kanawha Stone Company, Inc., a West Virginia Corporation; Nationwide Mutual Fire Insurance Company, an Ohio Corporation; Nationwide Mutual Insurance Company, an Ohio Corporation, Defendants Below, Appellees. Webster County Solid Waste Authority, Plaintiff Below, Appellee, v. Brackenrich & Associates, Inc., a West Virginia Corporation; Nationwide Mutual Fire Insurance Company, an Ohio Corporation; Nationwide Mutual Insurance Company, an Ohio Corporation, Defendants Below, Appellees, Kanawha Stone Company, Inc., a West Virginia Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed: June 30, 2005.

Attorney(s) appearing for the Case

Marvin W. Masters, R. Christopher Anderson, David L. White, Masters & Taylor, Charleston, for Webster County Solid Waste Authority.

Bernard R. Mauser, Sutton, for Brackenrich & Associates.

Michelle Roman Fox, Martin & Seibert, Charleston, for Nationwide Mutual Insurance Company.

Kenneth E. Webb, Jr., Bowles Rice McDavid Graff & Love, Charleston, for Kanawha Stone Company, Inc.

Chief Justice ALBRIGHT delivered the Opinion of the Court.

ALBRIGHT, Chief Justice.

Appellants Webster County Solid Waste Authority (the "Authority") and Kanawha Stone Company, Inc. ("Kanawha Stone") appeal from adverse decisions1 issued by the Circuit Court of Webster County in connection with a declaratory judgment ruling sought by Appellee Nationwide Mutual Fire Insurance Company ("Nationwide") to determine whether there was insurance coverage available under a commercial general liability...

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