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BANKS v. PAUL WHITE CHEVROLET, INC.

No. 32725.

629 S.E.2d 792 (2006)

218 W.Va. 733

Gloria BANKS, et al., Plaintiff Below, Appellant v. PAUL WHITE CHEVROLET, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 12, 2006.

Concurring Opinion of Justice Albright May 10, 2006.

Attorney(s) appearing for the Case

John W. Barrett, Bailey & Glasser, L.L.P., Charleston, for Appellant.

Albert C. Dunn, Jr., MacCorkle, Lavender, Casey & Sweeney, P.L.L.C., Charleston, for Appellee.

PER CURIAM:

This case is before the Court on appeal from the September 10, 2004, Order of the Circuit Court of Kanawha County granting summary judgment in favor of Appellee Paul White Chevrolet. This Court has before it the petition for appeal, the response, the briefs of the parties, and all matters of record. Following the arguments of the parties and a review of the record herein, this Court finds that the circuit court erred in granting Appellee's motion for summary...

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