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ACF INDUSTRIES v. CREDITHRIFT OF AMERICA

No. 15595.

312 S.E.2d 746 (1983)

ACF INDUSTRIES, INC. v. CREDITHRIFT OF AMERICA, INC., Appellee, Jackie D. Stewart, Appellant.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion February 21, 1984.

Attorney(s) appearing for the Case

Frankel & Kincaid, Charles M. Kincaid, Huntington, for appellant.

James St. Clair, Huntington, for appellee.

MILLER, Justice:

In this case we are asked to determine whether a debtor may claim his one thousand dollar personal exemption under W.Va.Code, 38-8-1 (1974), as against the net amount of wages that are available for suggestee execution of wages under W.Va.Code, 38-5A-3 (1979). We hold that he can.

The facts of this case are not in dispute and serve to illustrate the issue. On November 10, 1980, the appellee, Credithrift...

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