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CROSS COUNTRY BANK v. McGRAW

No. CIV.A.2:04-0306.

321 F.Supp.2d 816 (2004)

CROSS COUNTRY BANK and Applied Card Systems, Inc., Plaintiffs/Counterclaim Defendants, v. Darrell V. MCGRAW, Jr., Attorney General of the State of West Virginia Defendant/Counterclaim Plaintiff, v. Rocco A. Abessinio, individually and as an Officer of Cross Country Bank and Applied Card Systems, Inc., Third-Party Defendant.

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

June 15, 2004.

Attorney(s) appearing for the Case

Charles M. Love, III, P. Michael Pleska, Fazal A. Shere, Bowles Rice McDavid Graff & Love Charleston, WV, Alan S. Kaplinsky, Jeremy T. Rosenblum, Martin C. Bryce, Jr., Ballard Spahr Andrews & Ingersoll, Philadelphia, PA, for Plaintiffs, Counter-Defendants and Third-Party Defendant.

Troy N. Giatras, Giatras & Webb, Norman Googel, Jill L. Miles, Sr. Asst. Atty. Gen. Office of Attorney General, Consumer Protection/Antitrust Division, Anthony J. Majestro, Powell & Majestro, Charleston, WV, Gregory A. Hewitt, Hamilton Burgess Young & Pollard, Fayetteville, WV, for Defendant, Counter-Claimant and Third-Party Plaintiff.

ORDER

CHAMBERS, District Judge.

Pending is Defendant Attorney General Darrel V. McGraw's motion to remand. For the reasons set forth herein, the motion is GRANTED.

I. Factual and Procedural History

On March 2, 2004, Plaintiffs Cross Country Bank ("Cross Country") and Applied Card Systems, Inc. ("ACS") filed a complaint in the Circuit Court of Kanawha County, West Virginia, against Defendant Darrell V. McGraw, Jr., in his official...

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