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CLINTON WATER ASS'N v. FARMERS CONST. CO.

No. 13979.

254 S.E.2d 692 (1979)

CLINTON WATER ASSOCIATION v. FARMERS CONSTRUCTION COMPANY.

Supreme Court of Appeals of West Virginia.

May 15, 1979.

Attorney(s) appearing for the Case

James C. West, Jr., Jones, Williams, West & Jones, Clarksburg, for appellant.

Roderick A. Devison, Fairmont, for appellee.

MILLER, Justice:

Farmers Construction Company [hereinafter Farmers] urges that its motion to dismiss should have been granted in a declaratory judgment action brought by the Clinton Water Association [hereinafter Clinton] against Farmers. The declaratory judgment action sought to settle the question of whether Clinton was entitled to liquidated damages because of Farmers' delay in completing a construction contract which contained a penalty clause for late performance...

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