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STATE v. IMPERIAL MARKETING

No. 24447.

506 S.E.2d 799 (1998)

203 W.Va. 203

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

Supreme Court of Appeals of West Virginia.

Decided June 25, 1998.

Concurring Opinion of Justice Starcher November 24, 1998.

Attorney(s) appearing for the Case

James M. Cagle, Esq., Charleston, West Virginia, and C. Allen Foster, Esq., Eric C. Rowe, Esq., Steven D. Hedges, Esq., Greensboro, North Carolina, Attorneys for the Appellant.

C. Cooper Fulton, Esq., Assistant Attorney General, Charleston, West Virginia, Attorney for the Appellee.

Deborah M. Zuckerman, Esq., Washington, D.C., Attorney for Amicus Curiae American Association of Retired Persons.

Velma McClure, Esq., Morgantown, West Virginia, Attorney for Amicus Curiae North Central West Virginia Legal Aid Society.

PER CURIAM:1

This action is before this Court upon an appeal from the final order of the Circuit Court of Kanawha County, West Virginia, entered on April 25, 1997. Pursuant to that order, the circuit court granted summary judgment in favor of the appellee, the State of West Virginia by and through Attorney General Darrell V. McGraw, and against the appellant, Suarez Corporation Industries. Concluding that various direct mail marketing...

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