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IDEN v. ADRIAN BUCKHANNON BANK

Civ. A. No. 83-0342-E(K).

661 F.Supp. 234 (1987)

C. Fred IDEN, Katherine Iden, the Appliance & Furniture Mart, Inc., a West Virginia corporation, C. Fred Iden Builders, Inc., a West Virginia corporation, and Fair-Way Motors, Inc., a West Virginia corporation, Plaintiffs, v. ADRIAN BUCKHANNON BANK, a West Virginia corporation, Defendant and Third-Party Plaintiff, v. John E. KENNEDY, Third-Party Defendant.

United States District Court, N.D. West Virginia, Elkins Division.

April 27, 1987.

Attorney(s) appearing for the Case

Henry C. Bias, Jr., Charleston, W.Va., for plaintiffs.

James S. Arnold, Charleston, W.Va., for Adrian Bank.

Terry D. Reed, Buckhannon, W.Va., for Kennedy.

MEMORANDUM OPINION AND ORDER

KIDD, District Judge.

Pending before the Court are defendant's motion to dismiss and motion for summary judgment. These motions having been fully briefed, are now in a posture to be ruled upon by the Court.

The Court, having reviewed the record herein, finds that there is no genuine issue as to any material fact. This is not to say there are no disputed issues of fact. On the contrary, as is evident by a reading...

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