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JONES, INC. v. W. A. WIEDEBUSCH PLUMBING & HEATING CO.

No. 13298.

201 S.E.2d 257 (1973)

JONES, INC., a corporation v. W. A. WIEDEBUSCH PLUMBING AND HEATING CO., a Corporation v. EMSWELLER INCORPORATED, a Corporation and Norris Industries, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1973.

Attorney(s) appearing for the Case

George R. Farmer, Jr., Farmer & Farmer, Morgantown, for Norris Industries.

McWhorter, McNeer & Highland, W. Paul McWhorter, Clarksburg, for Emsweller Inc.

Furbee, Amos, Webb & Critchfield, Alfred J. Lemley and Kenneth R. Miller, Fairmont, for Wiedebusch.

BERRY, Chief Justice:

The facts developed during the trial of this case are set out in more detail in the opinion of the companion appeal case, 201 S.E.2d 248 involving the same parties, but a brief statement of the facts for the disposition of this appeal, which involves a procedural question, follows:

This action was instituted after a sprinkler head installed for fire prevention purposes in a retail department store discharged...

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