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WARNER v. CLEMENTSON

Record No. 970243.

492 S.E.2d 655 (1997)

John D. WARNER, Jr., et al. v. Lewis H. CLEMENTSON.

Supreme Court of Virginia.

October 31, 1997.

Attorney(s) appearing for the Case

Hugh M. Fain, III (Spotts, Smith, Fain & Buis, on briefs), Richmond, for appellants.

John-Garrett Kemper (Charles M. Lollar; Heilig, McKenry, Fraim & Lollar, on brief), Norfolk, for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN and KINSER, JJ., and POFF, Senior Justice.

CARRICO, Chief Justice.

The question for decision in this case is whether a trustee under a deed of trust owes a fiduciary duty to the guarantors of the debt secured by the deed of trust. The question stems from the filing on July 2, 1996, of an amended bill of complaint by John D. Warner, Jr., and Mary T. Warner (the Warners) against Lewis H. Clementson (Clementson) and several other defendants.

In Count II of the amended bill, the Warners alleged that Clementson...

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