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STATE EX REL. YANERO v. FOX

No. 14297.

256 S.E.2d 751 (1979)

STATE ex rel. Michael J. YANERO et al. v. The Hon. Fred L. FOX, II, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

June 19, 1979.

Attorney(s) appearing for the Case

Kay, Casto & Chaney, George S. Sharp and Michael Bonasso, Charleston, for relators.

Furbee, Amos, Webb & Critchfield, Alfred J. Lemley, Fairmont, for respondents.

HARSHBARGER, Justice:

Petitioners seek to prohibit Westinghouse Credit Corporation's use of West Virginia's detinue statute, W.Va.Code, 55-6-1 et seq., to seize petitioners' property prior to judgment.

Beckwith Machinery Company leased a tractor to Yanero by an installment contract and assigned the contract to WCC; sold another tractor to Yanero by a conditional sales contract which was then assigned to WCC; and sold a tractor to Nationwide Fuels...

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