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GARY v. SPIRES

Civ. A. No. 78-1650.

473 F.Supp. 878 (1979)

Vera E. GARY, Perry Smith, Karen R. Davis, and Sharon E. Hamby, Individually and as representatives of all others similarly situated, Plaintiffs, v. J. Fred SPIRES, Individually and in his official capacity as Administrator of the Check Clearing House for Lexington County, American Fire & Casualty Insurance of Orlando, Florida, Piggly Wiggly Corporation, Inc., Bi-Lo, Inc. and Fogles Food City, Defendants.

United States District Court, D. South Carolina, Columbia Division.

March 14, 1979.

Attorney(s) appearing for the Case

Jean L. Perrin, Columbia, S. C., and John Earl Duncan, Lexington, S. C., for plaintiffs.

William F. Able, Columbia, S. C., for J. Fred Spires.

Wilburn Brewer, Jr., Columbia, S. C., Archie L. Harmon, Lexington, S. C., for The County of Lexington.

William F. Able, Columbia, S. C., for American Fire & Cas. Ins. of Orlando.

James E. Barfield and W. Lisa B. Rakowsky, Lexington, S. C., for Piggly Wiggly Corp., Inc.

Ernest J. Nauful, Jr., Columbia, S. C., for Bi-Lo, Inc.

James W. Alford, Columbia, S. C., for Fogles Food City.

HEMPHILL, District Judge.

Plaintiffs, who, under common South Carolina parlance would be called "bad check" writers, and who so admit in their complaint, seek to pursue an alleged claim against the various defendants named, seeking a preliminary and permanent injunction, actual and punitive damages, restitution, attorneys fees and costs. The complaint, designated on its face as a "class action" complaint, as filed September 19, 1978, after attempting to set up the...

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