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STATE v. IMPERIAL MARKETING

No. 22809.

472 S.E.2d 792 (1996)

196 W.Va. 346

STATE of West Virginia, By and Through Darrell V. McGRAW, Jr., Attorney General, Plaintiff Below, Appellee, v. IMPERIAL MARKETING, et al., Defendants Below, Suarez Corporation Industries, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 20, 1996.

Attorney(s) appearing for the Case

Tom Rodd, Senior Assistant Attorney General, Morgantown, and Silas Taylor, Office of the Attorney General, Charleston, Victor S. Woods, Assistant Attorney General, Charleston, for Appellee.

James M. Cagle, Charleston, and Carter G. Phillips, Jeffrey T. Green, David D. Meyer, Sidley & Austin, Washington, DC, for Appellant Suarez.

James Zimarowski, Morgantown, for amicus curiae Council of Senior West Virginians.

Steven Zaleznick, Deborah Zuckerman, Washington, DC, for amicus curiae American Association of Retired Persons.

RECHT, Justice:

The defendant below and appellant herein, Suarez Corporation Industries (hereinafter "SCI"), appeals an order of the Circuit Court of Kanawha County granting a preliminary injunction restricting the method and manner by which SCI may solicit consumers in West Virginia in the sale of jewelry and other products either manufactured or distributed by SCI. In reaching its decision, the circuit court found that...

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