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KESTER v. SMALL

No. 32530.

618 S.E.2d 380 (2005)

217 W.Va. 371

William M. KESTER and Orian J. Nutter, II, Appellees, Plaintiffs Below, v. J. Thom SMALL, Appellant, Defendant Below, and Diversified Resources, Inc., a West Virginia Corporation, J. Carl Palmer, Elizabeth A. Dodd, and Adam F. Wilson, beneficiary of the Estate of Nelma M. Wilson, deceased, Appellees, Defendants Below.

Supreme Court of Appeals of West Virginia.

Filed: July 1, 2005.

Attorney(s) appearing for the Case

Thomas W. Kupec, Brandon J. Kupec, Kupec & Associates, PLLC, Clarksburg, for Appellant.

Charles G. Johnson, Robin Queen Triplett, Jackson Kelly PLLC, Clarksburg, for Appellees William M. Kester and Orian Lee Nutter, II.

A.L. Emch, Jackson Kelly PLLC, Charleston, for Appellees J. Carl Palmer, Elizabeth A. Dodd and Adam F. Wilson.

Justice BENJAMIN delivered the opinion of the Court.

BENJAMIN, Justice.

This is an appeal of the Circuit Court of Harrison County's June 22, 2004 Order denying defendant J. Thom Small's motion for summary judgment and granting the plaintiffs' and the remaining defendants' motion for summary judgment. In that order, the circuit court invoked Rule 60(a) of the West Virginia Rules of Civil Procedure to correct an error in a December 20, 1935 Order which...

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