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LEARY v. McDOWELL COUNTY NAT. BANK

No. 29001.

552 S.E.2d 420 (2001)

210 W.Va. 44

Shelby B. LEARY, Commissioner, State of West Virginia Division of Labor, Plaintiff Below, Appellant v. McDOWELL COUNTY NATIONAL BANK, Defendant Below, Appellee

Supreme Court of Appeals of West Virginia.

Decided June 29, 2001.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, William S. Steele, Esq., Managing Deputy Attorney General, Perry D. McDaniel, Esq., Assistant Attorney General, Jeffrey G. Blaydes, Esq., Assistant Attorney General, Charleston, for Appellant.

Jeffrey V. Mehalic, Esq., Charleston, for Appellee.

MAYNARD, Justice.

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on June 6, 2000. Pursuant to that order, the circuit court granted summary judgment in favor of the appellee and defendant below, the McDowell County National Bank (hereinafter "Bank"), in this action filed by the appellant and plaintiff below, Shelby B. Leary, Commissioner of the State of West Virginia...

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