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GRANT THORNTON, LLP v. KUTAK ROCK, LLP

No. 11-0079.

719 S.E.2d 394 (2011)

GRANT THORNTON, LLP, Plaintiff Below, Petitioner v. KUTAK ROCK, LLP, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2011.

Attorney(s) appearing for the Case

John H. Tinney, Esq. , John K. Cecil, Esq. , The Tinney Law Firm, PLLC, Charleston, WV, for Grant Thornton, LLP.

David B. Thomas, Esq. , Stephanie D. Thacker, Esq. , Debra C. Price, Esq. , Guthrie & Thomas, PLLC, Charleston, WV, for Kutak Rock, LLP.

KETCHUM, J.:

This action is before this Court upon the appeal of the plaintiff below, Grant Thornton, LLP, from the order of the Circuit Court of McDowell County denying its motion to alter or amend the summary judgment granted in favor of the defendant below, Kutak Rock, LLP. Grant Thornton ("accounting firm"), a large, independent business retained to perform an external audit of the First National Bank of Keystone ("Keystone"), filed an action against Kutak, a...

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