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TOPPINGS v. MERITECH MORTGAGE SERVICES

No. 30108.

569 S.E.2d 149 (2002)

212 W.Va. 73

Margaret TOPPINGS, et al., Plaintiffs v. MERITECH MORTGAGE SERVICES, INC., a corporation, and division of Saxon Mortgage, Inc., et al., Defendants

Supreme Court of Appeals of West Virginia.

Concurring Opinion of Justice Maynard July 8, 2002.

PER CURIAM.

This case involves a certified question from the Circuit Court of Lincoln County, in Civil Action No. 00-C-146.

The certified question is as follows:

Whether a lender's form compulsory arbitration clause or rider, which mandates that all disputes arising out of a consumer transaction be submitted to a lender-designated decision maker compensated through a case-volume fee system whereby the decision maker's income as an arbitrator is dependent...

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