C & O Motors, Inc. v. West Virginia Paving, Inc.

DAVIS, Justice.

This is an appeal by West Virginia Paving, Inc., defendant below (hereinafter referred to as “'WVP”), from an order of the Circuit Court of Kanawha County that denied its motion to join a necessary party and granted summary judgment in favor of C & 0 Motors, Inc., plaintiff below (hereinafter referred to as “C & O”). WVP contends that material issues of fact were in dispute, which precluded summary judgment, and that it was error to deny its motion to join a necessary party. After a careful review of the briefs and record submitted on appeal, and listening to the oral arguments…