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STATE EX REL. McGRAW v. TELECHECK SERVICES

No. 30731.

582 S.E.2d 885 (2003)

213 W.Va. 438

STATE of West Virginia ex rel. Darrell V. McGRAW, Jr., Attorney General, Plaintiff Below, Appellant, v. TELECHECK SERVICES, INC., et al., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 23, 2003.

Attorney(s) appearing for the Case

Norman Googel, Assistant Attorney General, Jill L. Miles, Deputy Attorney General, Charleston, for Appellant.

Niall A. Paul, Esq., Bruce M. Jacobs, Esq., Spilman Thomas & Battle, Charleston, for Appellee.

STARCHER, C.J.

In this case we conclude that a circuit court applied an erroneous standard in ruling on a request by the Attorney General for a preliminary injunction in a consumer protection case. We remand the case for hearing on the merits of permanent injunctive relief.

I.

Facts & Background

On December 4, 2000, the Attorney General filed an action under W.Va.Code, 46A-1...

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