Cassella v. Weirton Construction Co.

Miller, Justice:

This is an appeal from a final order granting summary judgment in favor of the defendants. As is often the case where summary judgment is granted, the record before us is meager and confused.

Suit was filed by plaintiffs Joe and Tony Cassella on March 3, 1973, as a civil action to recover damages for the wrongful conversion of approximately 630 tons of metallic slag.

The defendants moved to dismiss the action, claiming that the plaintiffs’ suit was barred by virtue of a mutual release which the parties had executed on February 9, 1972, and which had resulted in the dismissal of…