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SER MONONGAHELA POWER CO. v. FOX

No. 11-0015.

711 S.E.2d 601 (2011)

SER MONONGAHELA POWER COMPANY, Allegheny Power, Allegheny Energy Service Corporation, Defendants Below, Petitioners v. Honorable Fred L. FOX, II, Judge of the Circuit Court of Marion County; Shell Equipment Company, Incorporated and Shell Energy Company, Incorporated, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2011.

Attorney(s) appearing for the Case

Avrum Levicoff , Denise R. Abbott , Levicoff, Siklo & Deemer, P.C., Pittsburgh, PA, for Petitioners.

James A. Varner, Sr. , Debra Tedeschi Varner , McNeer, Highland, McMunn & Varner, L.C., Clarksburg, WV, for Respondents, Shell Equipment and Shell Energy.

McHUGH, Justice:

Monongahela Power Company, Allegheny Power, and Allegheny Energy Service Corporation (collectively referred to as "Petitioners") seek a writ of prohibition in connection with the November 9, 2009, ruling of the Circuit Court of Marion County denying Petitioners' motion to dismiss the breach of contract complaint filed against them by Respondents Shell Equipment Company, Inc. ("Shell Equipment") and Shell Energy Company, Inc. ("Shell Energy") as being...

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