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CONSECO FINANCE SERVICING CORP. v. MYERS

No. 30089.

567 S.E.2d 641 (2002)

211 W.Va. 631

CONSECO FINANCE SERVICING CORP., Plaintiff, v. Virgil MYERS, Beverly Myers and Matthew Myers, Defendants/Third-Party Plaintiffs, v. The Home Show, Inc., and CMH Manufacturing, Inc., Steven Allred, Commissioner of the West Virginia Department of Labor, Third-Party Defendants.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Daniel F. Hedges, Esq., Bren J. Pomponio, Mountain State Justice, Inc., Charleston, West Virginia, Attorneys for V., B. & M. Myers.

Thomas H. Vanderford, IV, Esq., Pauley, Curry, Sturgeon & Vanderford, Charleston, West Virginia, Attorney for The Home Show.

Jeffrey A. Kimble, Esq., Robinson & McElwee, Clarksburg, West Virginia, Attorney for CMH, Inc.

Erik T. Engle, Esq., Pullin, Knopf, Fowler & Flanagan, Charleston, West Virginia, Attorney for Steven Allred, Comm'r.

John R. Teare, Jr., Bowles Rice McDavid Graff & Love, PLLC, WV Manufactured Housing Assoc., for Amicus Brief.

MAYNARD, Justice:

In this case, the Circuit Court of Kanawha County has certified four questions to this Court. The certified questions and the circuit court's answers are as follows:

1. Does 42 C.S.R. § 19-13, now codified in West Virginia Code § 21-9-11a, impose a duty on the West Virginia Division of Labor, upon receipt of a consumer complaint, to conduct a complete investigation on every new manufactured...

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