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KIRBY v. LION ENTERPRISES, INC.

No. 13-0379.

756 S.E.2d 493 (2014)

Wayne KIRBY and Joyce Kirby, Plaintiffs Below, Petitioners v. LION ENTERPRISES, INC. and T/A Bastian Homes, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 7, 2014.

Attorney(s) appearing for the Case

Gregory T. Hinton, Esq. , Fairmont, WV, for Petitioners.

Lee R. Demosky, Esq. , Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C., Greensburg, PA, for Respondents.

WORKMAN, Justice:

This case is before the Court upon the appeal of the Petitioners, Wayne Kirby and Joyce Kirby, from the March 15, 2013, order entered by the Circuit Court of Marion County, West Virginia, granting a motion to dismiss and compelling arbitration in favor of the Respondents Lion Enterprises, Inc., and T/A/ Bastian Homes (referred to collectively as "Bastian Homes"). The Petitioners argue that the circuit...

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