TIPTON v. SECRETARY OF EDUC. OF U.S.

Civ. A. No. 2:90-0105.

768 F.Supp. 540 (1991)

Timothy Wayne TIPTON, Lyle Breece, George W. Leeson, Jr., and John Wilburn, individually and on behalf of all others similarly situated, Plaintiffs, v. SECRETARY OF EDUCATION OF the UNITED STATES; Higher Education Assistance Foundation, Inc., a Minnesota corporation; Charleston National Bank, a national banking association; One Valley Bank, a national banking association; Fed One Savings Bank, FA, a national banking association, including its Dunbar Branch (formerly The Bank of Dunbar); Community Bank & Trust, a national banking association; Atlantic Financial Federal-West Virginia, a federal savings association (formerly Magnet Bank); First Federal Savings & Loan Association of Morgantown, a federal savings association; Commercial Banking & Trust Company, a national banking association; Higher Education Loan Program of West Virginia, Inc., a corporation; Central National Bank, a national banking association; Wachovia Bank & Trust Company, a national banking association; Wachovia Services, Inc., a corporation; Marine Midland Bank, a national banking association; and Union Bank & Trust, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

June 21, 1991.


Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, W.Va., William W. Carter, Fayetteville, W.Va., for plaintiffs.

Rebecca A. Betts, King, Betts & Allen, Charleston, W.Va., George J. Anetakis, Weirton, W.Va., Keith J. Pappas, Morgantown, W.Va., Stephen R. Brooks, Furbee, Amos, Webb & Critchfield, Fairmont, W.Va., K. Paul Davis, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., Fred Marinucci, U.S. Dept. of Justice, Washington, D.C., James K. Brown, John Philip Melick, Jackson & Kelly, Dana F. Eddy, Joseph R. Goodwin, Michael L. Keller, Goodwin & Goodwin, Charleston, W.Va., George A. Markusic, Morgantown, W.Va., Gary A. Call, Asst. U.S. Atty., Charleston, W.Va., for defendants.


MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the motions to dismiss filed by the Secretary of Education of the United States, the Higher Education Assistance Foundation, Inc., and each of the defendant banks named in the plaintiffs' amended complaint.1

I.

The plaintiffs, Timothy Wayne Tipton, Lyle Breece, George W. Leeson, Jr.,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases