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SPITZNOGLE v. DURBIN

No. 11-1132.

738 S.E.2d 562 (2013)

Glenn SPITZNOGLE, Jr. and Marlene Spitznogle, Petitioners v. Kevin R. DURBIN and Krista A. Durbin, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 8, 2013.

Attorney(s) appearing for the Case

Frederick E. Gardner , Gardner Law Offices, PLLC, Moundsville, WV, for Petitioners.

Thomas E. White , White Law Office, Moundsville, WV, for Respondents.

PER CURIAM:

On October 7, 2009, petitioners Glenn and Marlene Spitznogle filed suit in the Circuit Court of Marshall County, seeking to enforce the provisions of a written land contract that was complete and consummated. On May 20, 2011, the court granted summary judgment to the sellers of the property, respondents Kevin and Krista Durbin, holding that the contract had been merged into a deed that the Durbins tendered, and the Spitznogles recorded, while the lawsuit...

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