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MULTIPLEX, INC. v. TOWN OF CLAY

No. 12-0418.

749 S.E.2d 621 (2013)

MULTIPLEX, INC., a West Virginia Corporation, Art R. Poff and Pamela A. Poff, individually, Petitioners v. TOWN OF CLAY, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 4, 2013.

Attorney(s) appearing for the Case

Harley E. Stollings, Esq. , Summersville, WV, for Petitioners.

Carl J. Roncaglione, Jr, Esq. , Charleston, WV, for Respondent.

PER CURIAM:

After the petitioners, Multiplex, Inc., Art R. Poff and Pamela A. Poff, voluntarily dismissed their suit for injunctive relief, the Circuit Court of Clay County, West Virginia, ordered that the petitioners' $25,000.00 injunction bond be forfeited and paid over to the respondent, Town of Clay, to compensate respondent for its attorney fees and costs. On appeal, the petitioners argue that the bond was not subject to forfeiture in the absence of a finding...

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