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LEWIS v. FIRSTBANK OF SHINNSTON

Civ. A. No. 88-0105-C(K).

756 F.Supp. 259 (1991)

Ellis R. LEWIS, Plaintiff, v. FIRSTBANK OF SHINNSTON, a West Virginia corporation, the City of Clarksburg, a West Virginia municipal corporation, James Abdnor, in his official capacity as Administrator of the Small Business Administration, a U.S. Government agency, Thomas Autrice, an individual, and WYK Associates, Inc., a West Virginia corporation, Defendants.

United States District Court, N.D. West Virginia.

January 8, 1991.

Attorney(s) appearing for the Case

Thomas W. Rodd, Morgantown, W.Va., Larry Harless, Charleston, W.Va., for plaintiff.

Patrick M. Flatley, Asst. U.S. Atty., Wheeling, W.Va., for Abdnor.

Jeffrey A. Holmstrand, John B. Garden, Wheeling, W.Va., John L. DePolo, City Atty., Clarksburg, W.Va., for City of Clarksburg.

Peter J. Conley, Clarksburg, W.Va., for Autrice Thomas.

Evans L. King, Jr., Ronald H. Hanlan, and James A. Varner, Clarksburg, W.Va., for FirstBank Shinnston.

Alfred J. Lemley, Fairmont, W.Va., for WYK Associates.

MEMORANDUM OPINION AND ORDER

KIDD, District Judge.

Currently pending is a motion to dismiss and/or for summary judgment filed by defendant James Abdnor, as Administrator of the United States Small Business Administration's ("SBA"). Said motion, having been fully briefed, is ripe for disposition.

In Count V of his complaint, Mr. Lewis alleged, in paragraph 99, that "defendant SBA acted arbitrarily, capriciously and unreasonably towards the plaintiff...

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