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SWIGER v. UGI/AMERIGAS, INC.

No. 31792.

613 S.E.2d 904 (2005)

216 W.Va. 756

Samuel J. SWIGER, and Brenda Frazier Swiger, Individually, and as Next Friend of Joseph Shawn Swiger, an Infant, and all Individuals as Representatives of a Class of other Similarly Situated Individuals, Plaintiffs Below, Appellees, v. UGI/AMERIGAS, INC., a Foreign Corporation, DBA Amerigas, Inc., and James Walters, an Individual, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Michael J. Romano, Romano & Miley, David J. Romano, Christine Jones Pacyna, Romano Law Office, Clarksburg, for the Appellees.

Billy Atkins, Atkins & O'Black, PLLC, Morgantown, Jay N. Varon, Melinda F. Levitt, Akita N. Adkins (Pro Hac Vice), Foley & Lardner, LLP, Washington, D.C., for the Appellants.

Ancil G. Ramey, Steptoe & Johnson, PLLC, Charleston, for Amicus Curiae, NiSource, Inc. and West Virginia Propane Gas Association.

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Charleston, Amicus Curiae.

Paul T. Farrell, Jr., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, for Amicus Curiae, West Virginia Trial Lawyers Association.

ALBRIGHT, Chief Justice.

This case is before us on certified questions from the Circuit Court of Monongalia County and presents issues concerning application of certain regulatory provisions of the state fire code to a commercial vendor. At the center of this case is both the validity of a legislative rule which exempts one- and two-family dwellings from compliance with the provisions of the state fire code1 and the case-specific issue...

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