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ROBERTS v. WEST VIRGINIA AMERICAN WATER CO.

No. 33326.

655 S.E.2d 119 (2007)

Mark ROBERTS, Plaintiff Below, Appellant v. WEST VIRGINIA AMERICAN WATER COMPANY, a West Virginia Corporation; Kanawha County Commission; E.L. Robinson Engineering Co., a Virginia Corporation; and Famco Contracting, Inc., a West Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 8, 2007.

Concurring Opinion of Justice Starcher December 26, 2007.

Attorney(s) appearing for the Case

Jennifer Narog Taylor, Charleston, WV, for Appellant.

Mark E. Troy, Jason A. Winnell, Bailey & Wyant, P.L.L.C., Charleston, WV, for Appellee, West Virginia-American Water Company.

David V. Moore, Paul L. Weber, Moore & Weber, P.L.L.C., Charleston, WV, for Appellee, E.L. Robinson Engineering Co.

Adam M. Barnes, Paul J. Walsh, III, Walsh, Collin & Blackmer, P.C., Pittsburgh, PA, for Appellee, Famco Contracting, Inc.

ALBRIGHT, Justice:

This is an appeal by the plaintiff below, Mark Roberts, (hereinafter referred to as "Appellant") from the June 10, 2005, and June 29, 2006, orders of the Kanawha County Circuit Court granting summary judgment in favor of the defendants below, West Virginia American Water Company, E.L. Robinson Engineering Co. and Famco Contracting, Inc. (hereinafter referred to collectively as "Appellees"),1 on statute of limitations...

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