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FANNING v. FRITZ'S PONTIAC-CADILLAC-BUICK

No. 24443.

472 S.E.2d 242 (1996)

Flossie Mae FANNING and Nathaniel Fanning, Sr., Individually and as Representatives of All Persons Similarly Situated, Collectively Designated as John Doe and Jane Doe, Appellants, v. FRITZ'S PONTIAC-CADILLAC-BUICK, INC. and C & S National Bank, Respondents.

Supreme Court of South Carolina.

Decided June 10, 1996.

Rehearing Denied July 15, 1996.

Attorney(s) appearing for the Case

Christopher G. Isgett, of Lee, Isgett, Eadon & Popwell and Cheryl F. Perkins, of James C. Anders & Associates, Columbia, for appellants.

David W. Robinson, II and Thomas W. Bunch, II, both of Robinson, McFadden & Moore, Columbia, for respondent C & S National Bank, and Mr. Fritz Waidner of Fritz's Pontiac-Cadillac-Buick, Inc., pro se of Newberry.

WALLER, Justice:

The sole issue in this class action is whether Fritz Cadillac1 violated the South Carolina Consumer Protection Code (SCCPC), S.C.Code Ann. § 37-1-101 et seq. (1989), in charging an $87.00 "Procurement Fee" on automobiles purchased between 1983 and 1989. The circuit court found no violation of the SCCPC. We affirm.

FACTS

Appellants, the Fannings, purchased a 1989 Fleetwood Cadillac from Fritz in June...

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