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WHITENER v. W. VA. BD. OF EMBALMERS, ETC.

No. 14635.

288 S.E.2d 543 (1982)

David A. WHITENER, et al. v. W. VA. BOARD OF EMBALMERS AND FUNERAL DIRECTORS, etc., et al.

Supreme Court of Appeals of West Virginia.

March 12, 1982.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen. and Gregory W. Bailey, Deputy Atty. Gen., Charleston, for appellants.

Bowles, McDavid, Graff & Love, F. T. Graff, Jr. and P. Nathan Bowles, Jr., Charleston, for appellees.

Jackson, Kelly, Holt & O'Farrell, James R. Snyder and John L. McClaugherty, Charleston, amicus curiae for W. Va. Funeral Directors Ass'n.

HARSHBARGER, Justice:

W.Va.Code, 47-14-2 et seq.,1 designates a recipient of money paid in advance for funeral-related goods and services, to be a trustee, and requires that such money be deposited in a federally insured bank, trust company or savings and loan association, in a separate account in the name of the trustee, held in trust subject to the terms of the contract by which it...

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