Hoskins v. C&P TEL. CO. OF W. VA.

Pee Curiam:

This is an appeal by Billy R. and Betty Jo Hoskins from a summary judgment granted against them in the Circuit Court of Kanawha County. The appellants contend that at the time of the entry of summary judgment, a genuine issue of material fact existed and that, therefore, the entry of summary judgment was improper. We agree.

On May 26,1977, Mr. and Mrs. Hoskins filed suit against the Chesapeake and Potomac Telephone Company, Roy Henthorne, Jr. and Dana Burgess seeking damages arising from the alleged illegal monitoring of their private telephone. C&P was named in the complaint as Mr.…