STATE EX REL. McGRAW v. SCOTT RUNYAN PONTIAC-BUICK

No. 22728.

461 S.E.2d 516 (1995)

194 W.Va. 770

STATE of West Virginia ex rel. Darrell V. McGRAW, Jr., Attorney General, Plaintiff Below, Appellant, v. SCOTT RUNYAN PONTIAC-BUICK, INC., a West Virginia Corporation; Scott Runyan, Individually and as an Officer of Scott Runyan Pontiac-Buick, Inc.; Cox Pontiac-Buick, Inc., a West Virginia Corporation; A.W. Cox Department Store Co., a West Virginia Corporation; Wilber E. Cox, Individually; Wilber E. Cox II, Individually; Runyan Creditors Trust, Scott Runyan, Trustee; General Motors Acceptance Corporation, a Delaware Corporation; Citizens National Bank of St. Albans, a Federally Chartered Bank; and Other Financial Institutions as Yet Unknown, Defendants Below, Appellees. GENERAL MOTORS ACCEPTANCE CORPORATION, a Delaware Corporation, Defendant and Third-Party Plaintiff Below, Appellee, v. WORLD-WIDE WARRANTY, INC., and Guaranty National Insurance Company, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1995.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Donald L. Darling, Senior Deputy Attorney General, Jill L. Miles, Senior Assistant Attorney General, Charleston, for appellant.

E.W. Rugeley, Jr., William D. Esbenshade, Jackson & Kelly, Charleston, for appellee General Motors Acceptance Corp.

James T. Cooper, Lovett, Cooper & Glass, Charleston, for appellee World-Wide Warranty, Inc.

Deborah K. Aronoff, North Central W. Va. Legal Aid Society, Morgantown, amicus curiae.

Dennis R. Vaughan, Jr., Vaughan & Withrow, Charleston, for appellee Citizens Nat. Bank of St. Albans (now Bank One, West Virginia, St. Albans).

John R. Hoblitzell, Kay, Casto, Chaney, Love & Wise, Charleston, for appellee Guaranty Nat. Ins. Co.

Steven S. Zaleznick, Deborah M. Zuckerman, American Ass'n of Retired Persons, Washington, DC, amicus curiae.


CLECKLEY, Justice:

The issue now before this Court is whether the plaintiff, Darrell V. McGraw, Jr., Attorney General,1 is authorized to seek debt cancellations and/or refunds from the defendants, General Motors Acceptance Corporation (GMAC) and Citizens National Bank of St. Albans (now Bank One, West Virginia, St. Albans, N.A.). The Consumer Protection...

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