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COUNTY COM'N OF BOONE COUNTY v. HILL

No. 22725.

460 S.E.2d 727 (1995)

194 W.Va. 481

COUNTY COMMISSION OF BOONE COUNTY, Plaintiff Below, Appellee, v. Lee O. HILL, Trustee; Jerry W. Cook; Mid American National Bank & Trust Company, Trustee; Haddad & Associates II; Boone County Building Commission; Americare Corporation; Boone County Health Care Corporation; and Care Enterprises, Incorporated, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 13, 1995.

Attorney(s) appearing for the Case

Dennis R. Vaughan, Jr., Vaughan & Withrow, Charleston, for appellee.

Francis L. Warder, Jr., Waters, Warner & Harris, Clarksburg, for Americare, Boone County Health Care Corp., and Care Enterprises, Inc.

Charles R. McElwee, Robinson & McElwee, Charleston, William E. Hamb, Hamb & Poffenbarger, Charleston, Michael J. Farrell, Jenkins, Fenstermaker, Krieger, Kayes, Farrell & Agee, Huntington, for appellants.

K. Paul Davis, John H. Tinney, Mark A. Sadd, Spilman, Thomas & Battle, Charleston, for amicus curiae Alston & Bird.

WORKMAN, Justice:

This matter is before the Court upon the appeal of Lee O. Hill, Trustee, Jerry W. Cook, Mid American National Bank & Trust Company ("Mid American"), Trustee, and Haddad & Associates II ("Haddad"), from the August 17, 1994 order of the Circuit Court of Boone County. The Appellants assert that the circuit court erroneously granted the County Commission of Boone County's ("county commission's") motion...

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