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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

September 2010 Term
FILED November 22, 2010
No. 35532
released at 10:00 a.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA
B. A. McCLURE AND CHERYL McCLURE,
Plaintiffs Below, Appellees

v.
CITY OF HURRICANE AND CITY OF HURRICANE
SANITARY STORM WATER BOARD,
Defendants Below, Appellants

Appeal from the Circuit Court of Putnam County
The Honorable Philip M. Stowers, Judge
Civil Action No. 06-C-10

REVERSED AND REMANDED

Submitted: October 13, 2010 Filed: November 22, 2010
Johnnie E. Brown, Esq. Harold S. Albertson, Esq.
Bryan N. Price, Esq. Albertson & Jones
Andrew D. Byrd Charleston, West Virginia
Pullin, Fowler, Flanagan, Brown & Poe, PLLC Attorneys for Appellees
Charleston, West Virginia
Attorneys for Appellants

JUSTICE WORKMAN delivered the Opinion of the Court.
JUSTICE KETCHUM dissents and reserves the right to file a dissenting opinion.

SYLLABUS BY THE COURT

1.

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