Legal Opinion

One Gateway Associates v. Westfield Insurance

District Court, S.D. West Virginia

Decided February 21, 2002No. Civ.A.5:01-0698PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant’s motion for summary judgment. The Court GRANTS the motion.

I.FACTUAL BACKGROUND

In 1997, Plaintiff One-Gateway Associates (“One-Gateway”) contracted with Wal-Mart Stores, Inc. (“Wal-Mart”) to develop a site along U.S. Route 19 in Nicholas County for the construction of a Super Wal-Mart store. In January 1998, One-Gateway entered into a contract with the West Virginia Department of Transportation, Division of Highways (“DOH”). One-Gateway agreed to:

1. Construct, at its own expense, a frontage road along the eastern edge of the…

2Cases cited12 opinions

  1. Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994
  2. Thompson Everett, Inc. v. National Cable Advertising, L.P. Cable Networks, Inc. Cable Media CorporationCourt of Appeals for the Fourth Circuit · 1995
  3. National Mutual Insurance v. McMahon & Sons, Inc.West Virginia Supreme Court · 1987
  4. Aetna Casualty & Surety Co. v. PitroloWest Virginia Supreme Court · 1986
  5. Horace Mann Insurance v. LeeberWest Virginia Supreme Court · 1988

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3Cited by3 opinions

  1. Liberty Corporate Capital Ltd. v. Peacemaker Nat'l Training Ctr., LLCUnited States District Court · 2018
  2. Global Caravan Technologies, Inc. Christopher Douglas Husheng Ding Kyle Fang Chris Tzeng C.H. Douglas & Gray, LLC Thomas Gray Doris Roberts and Red Wing Capital, LLC v. The Cincinnati CompanyIndiana Court of Appeals · 2019
  3. Liberty Corporate Capital LTD v. Peacemaker National Training Center, LLCDistrict Court, N.D. West Virginia · 2018

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