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STATE EX REL. SMALL v. CLAWGES

No. 13-0110.

745 S.E.2d 192 (2013)

STATE of West Virginia ex rel. Tobby Lynn SMALL, Petitioner v. Honorable Russell M. CLAWGES, Jr., Judge of the Circuit Court of Monongalia County; James R. Ramsey, Sr.; Virginia E. Ramsey; Willie McNeal, Jack B. Kelley, Inc.; and Amerigas Propane, LP, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Jeffrey S. Zurbuch , Peter G. Zurbuch , Busch, Zurbuch & Thompson, Elkins, WV, for Petitioner.

Mark F. McKenna , McKenna & Associates, P.C., James A. Villanova , Michael E. Metro , Villanova Law Offices, P.C., Pittsburgh, PA, for Respondents, James R. Ramsey, Sr., and Virginia E. Ramsey.

Peter T. DeMasters , Lindsey M. Saad , Flaherty Sensabaugh Bonasso, P.L.L.C., Morgantown, WV, for Respondents, Willie McNeal; Jack B. Kelley, Inc.; and Amerigas Propane, L.P.

PER CURIAM:

This proceeding was brought under the original jurisdiction of this Court by Tobby Lynn Small, the petitioner herein and defendant below, seeking a writ of prohibition to prevent enforcement of an order of the Circuit Court of Monongalia County. The circuit court's order precluded Mr. Small from raising a compulsory counterclaim defense against the respondents herein and plaintiffs below, James R. and Virginia...

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