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Requests for Oral Presentation
and
Petitions for Appeal

October 15, 1998

1.    State of West Virginia v. Tara Williams, No. 982209. Defendant appeals 50 year sentence for attempted aggravated robbery.
Accept

2.    Wood County BOE v. Wood County Commission, No. 982211. County Commission seeks review of lower court order holding that a contract requires payments made by an electric generation agency joint venture be received and distributed strictly in accordance with the statutory provisions for the receipt and distribution of ad valorem taxes.
Refuse 5-0

3.    Clinton M. Trent v. Superamerica Group, No. 982220. The defendant submits a petition for review of a certified question regarding the sale of beer after hours.
Refuse 4-1 [Davis, C.J.]

4.    Dorothy H. Lockett v. Russell G. Lockett, No. 982222. Defendant in a divorce action appeals order granting custody of the infant child to the plaintiff mother.
Refuse 5-0

5.    State of West Virginia v. Banner Catlett, No. 982232. Defendant appeals Order of placement with the Department of Corrections rather than the Department of Health and Human Resources.
Grant 4-1
[McCuskey, J.]

6.    Wayne E. Patterson v. Frank Lewis, et al., No. 982237. Plaintiff appeals dismissal of his action alleging deprivation of and conspiracy to deprive of constitutional rights under 42 U.S.C. § 1983 and § 1985.
Refuse 5-0

7.    Larry A. Ranson v. White Chrysler, No. 982247. The petitioner, an automobile dealership, appeals from an adverse jury verdict in the amount of $84,189. (which included punitive damages) in an action wherein the plaintiffs alleged that the dealership misrepresented the mileage upon a used 1991 Ford Explorer.
Refuse 5-0

8.    Clonch Industries v. American Business, No. 982248. The petitioner, Clonch Industries, Inc., brought a negligence action in the Circuit Court of Nicholas County against American Business Information, Inc., a credit reporting agency, with regard to a report upon which the petitioner relied in extending credit to a third party. The petitioner appeals from a directed verdict in favor of the credit reporting agency.
Refuse 4-1
[Starcher, J.]

9.     John & Connie Casto v. Larry Dupuy, No. 981796. The petitioners, purchasers of a home, filed an action in the Circuit Court of Kanawha County concerning their property. They appeal from a summary judgment granted in favor of the respondents.
Grant 4-1
[Davis, C.J.]

10.    State of West Virginia v. Stephen K. Rhodes, No. 982339. The petitioner appeals from his conviction in the Circuit Court of Randolph County of domestic battery. The petitioner was charged with assaulting his live-in companion of 12 years.
Refuse 5-0

11.    Jenette Holland v. John Doe, No. 982363. In this Ohio County uninsured motorist action against a hit-and-run driver, the trial, resulting in recovery for the plaintiffs, was allowed to continue against "John Doe", even though the plaintiffs had previously settled with an alleged driver of the hit-and-run vehicle. The plaintiffs' uninsured motorist carrier, Allstate, contends that the action should have been dismissed.
Accept

12.    The Arnold Agency v. W.V. Lottery Commission, No. 982367. The petitioner, The Arnold Agency, sought damages from the Lottery Commission for Fraud and breach of contract relating to the awarding of a 1991-1992 advertising contract. The Circuit Court of Kanawha County granted summary judgments for the Lottery Commission, and the petitioner appeals.
Grant 4-1 [Starcher, J.]