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BOGGESS v. LEWIS RAINES MOTORS, INC.

No. CIV.A. 2:97-1165.

20 F.Supp.2d 979 (1998)

Jerry W. BOGGESS and Melissa L. WILLIAMS, Plaintiffs, v. LEWIS RAINES MOTORS, INC., a corporation, and Bank of Raleigh, N.A., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 15, 1998.

Attorney(s) appearing for the Case

James T. Sugarman, Mountain State Justice, Inc., Charleston, WV, for Plaintiff.

William Henry File, Jr. File, Payne, Scherer & File, Beckley, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant Bank of Raleigh ("the Bank's") motion to dismiss for lack of subject matter jurisdiction. Briefing is complete and the matter is ripe for decision. For reasons discussed below, the Court DENIES the motion.

I. FACTUAL BACKGROUND

On February 4, 1997 Plaintiffs purchased a 1989 Ford Taurus from Defendant Lewis Raines Motors, Inc. ("Motors") for $3,575...

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