CATTRELL COMPANIES, INC. v. CARLTON, INC.

No. 31730.

614 S.E.2d 1 (2005)

217 W.Va. 1

CATTRELL COMPANIES, INC., Plaintiff Below, Appellee, v. CARLTON, INC., a West Virginia corporation; Charles V. Maescher & Company, a foreign corporation; BBL-Carlton, L.L.C., a West Virginia limited liability company; Maescher Industries, Inc., a foreign corporation; Barry Bette & Led Duke, Inc., a foreign corporation; BBL-Central, L.L.C., a limited liability company; Donald Led Duke; Carl F. Agsten; Robert Compton; Grant V. Hesser; John Doe; and Douglas W. Barker, Defendants Below, BARRY BETTE & LED DUKE, INC., a foreign corporation, and Grant V. Hesser, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 10, 2005.


Attorney(s) appearing for the Case

Charles L. Woody, Clifford F. Kinney, Jr., Robert Patrick Paulson, Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Attorneys for the Appellants.

Vincent Trivelli, Morgantown, West Virginia, Attorney for Amicus Curiae, Affiliated Construction Trades Foundation.

Roger D. Williams, Barrett Chafin Lowry Amos & McHugh, Charleston, West Virginia, Attorney for Amicus Curiae, The West Virginia Laborers' District Council and The International Union of Operating Engineers Local 132.

Marc. B. Chernenko, William E. Watson, William E. Watson & Associates, Wellsburg, West Virginia, Attorneys for the Appellee.

William L. Casto, Charleston, West Virginia, Pro se for Amicus Curiae, Ironworkers No. 301.


DAVIS, Justice:

This is an appeal by Barry, Bette & Led Duke, Inc. (hereinafter referred to as "Duke") and Grant V. Hesser (hereinafter referred to as "Mr. Hesser"), appellants/defendants below, from an order of the Circuit Court of Tyler County granting judgment to Cattrell Companies, Inc. (hereinafter referred to as "Cattrell"), appellee/plaintiff below. The judgment against Duke and Mr. Hesser was imposed under Rules...

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