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CORDER v. WILLIAM W. SMITH EXCAVATING CO.

No. 29006.

556 S.E.2d 77 (2001)

210 W.Va. 110

Joseph W. CORDER, Jr., Executor of the Estate of Jane W. Mills, Deceased, Plaintiff Below, Appellant v. WILLIAM W. SMITH EXCAVATING CO., Defendant Below, Appellant, and United States Fidelity & Guaranty Company, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 8, 2001.

Attorney(s) appearing for the Case

John J. Polak, Rose & Atkinson, Charleston, for the Appellant, Joseph W. Corder, Jr., Executor.

Nelson R. Bickley, Bickley & Jacobs, Charleston, for the Appellant, William W. Smith Excavating Co.

Mary H. Sanders, James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, LLP, Charleston, for the Appellee.

ALBRIGHT, Justice.

Appellants Joseph Corder and the William W. Smith Excavating Company (hereinafter "Smith Excavating") jointly appeal from the June 27, 2000, order of the Circuit Court of Kanawha County granting summary judgment to Appellee United States Fidelity and Guaranty Company (hereinafter "USF & G") in an action brought by Mr. Corder against Smith Excavating and USF & G in connection with sewer line repair work performed by Smith Excavating on property...

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