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COLLINS v. AAA HOMEBUILDERS, INC.

No. CC940.

333 S.E.2d 792 (1985)

John COLLINS and Donna Collins v. AAA HOMEBUILDERS, INC., AAA SDP8 Branchlands Apartments, Ltd. and Violet Midkiff, Mgr.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion August 7, 1985.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, for plaintiffs.

William D. Levine, Marshall & St. Clair, Huntington, for defendants.

BROTHERTON, Justice:

This case is before us on two certified questions from the Circuit Court of Lincoln County:

(1) Whether the refusal of a realtor/landlord to contract with a tenant or the tenant's family on the basis of a prior criminal conviction of a tenant or family member of a tenant is in violation of the public policy of the State of West Virginia and therefore illegal; and whether a cause of action is stated therefor?;

and

(2...

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