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BARATH v. PERFORMANCE TRUCKING CO., INC

No. 20209.

424 S.E.2d 602 (1992)

188 W.Va. 367

Mark BARATH, Appellant, v. PERFORMANCE TRUCKING CO., INC., dba Cook Trucking Co.; David Cook, Sr., David Cook, Jr., R.L. Cook, individually, Defendants Below, Performance Trucking Co., Inc., dba Cook Trucking Co.; and David Cook, Sr., individual, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Perry D. McDaniel, Grant Crandall, Crandall & Pyles, Jane Moran, Charleston, for appellant.

No appearance for appellees.

PER CURIAM:

This is an appeal by Mark Barath from an order of the Circuit Court of Mingo County granting David Cook, Sr. and Performance Trucking Co., Inc., summary judgment in a battery action. On appeal, the appellant claims that there were genuine issues of material fact in the case at the time summary judgment was granted and that, under the circumstances, summary judgment was inappropriate. After reviewing the questions presented and the documents filed in this...

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