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PLOWMAN v. BAGNAL

No. 24090.

450 S.E.2d 36 (1994)

Wanda PLOWMAN, Craig Plowman, David Koon, Terri Koon, Louise Paschal, Manora N. Gilmore, M. Whitfield Cheatham, Jr., Virginia Cheatham, Michael Peters, Mary Peters, Jewel C. Jacoby, Claudia Bedenbaugh, Irwin Barnes, Elsie Barnes, Jo A. Rogers, Pauline Trumble, Thomas Gillespie, Linda Gillespie, Janie M. Cade, Charles Clark, Diane Clark, William Thompson, and Marguerite Thompson, Plaintiffs, Of Whom Wanda Plowman, Manora N. Gilmore, Virginia Cheatham, Mary Peters, Jewel C. Jacoby, Claudia Bedenbaugh, Thomas Gillespie, Janie M. Cade, Charles Clark, William Thompson, are Appellants, v. Thomas N. BAGNAL, J. Allen Shumaker, Duncan M. Lang, Innovative Developers, Inc., and J. Allen Shumaker Builder, Inc., Defendants, Of Whom Thomas N. Bagnal and J. Allen Shumaker, are Respondents.

Supreme Court of South Carolina.

Decided June 13, 1994.

Rehearing Granted July 14, 1994.

Order Adhering to Opinion October 19, 1994.

Attorney(s) appearing for the Case

J. Lewis Cromer and Craig L. Berman, both of Cromer & Mabry, Columbia, for appellants.

Charles E. Carpenter, Jr., R. Davis Howser, Franklin J. Smith, Jr., and Deborah L. Harrison, all of Richardson, Plowden, Grier & Howser, Columbia, for respondents.

HARWELL, Chief Justice:

This is a private action for damages under S.C.Code Ann. § 39-5-140 (1985) of the South Carolina Unfair Trade Practices Act (UTPA). Appellants contend that the trial judge erred in ruling that in a private action, the "controlling persons" of a corporation are not personally liable as a matter of law for damages caused by the corporation's unfair trade practices. We disagree and affirm.

I. Facts

Thomas Bagnal ...

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