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COLLINS HOLDING CORP. v. DEFIBAUGH

No. 4235.

373 S.C. 446 (2007)

646 S.E.2d 147

COLLINS HOLDING CORP., Respondent/Appellant, v. Richard DEFIBAUGH, individually, and Robert Defibaugh, individually and d/b/a Lucky D's, Appellants/Respondents.

Court of Appeals of South Carolina.

Decided April 16, 2007.

Rehearing Denied June 28, 2007.

Attorney(s) appearing for the Case

A. Christopher Potts, of Charleston, for Appellants-Respondents.

Eric Steven Bland, of Columbia, and Scott Michael Mongillo, of Summerville, for Respondent-Appellant.

STILWELL, J.

In this cross-appeal, Richard and Robert Defibaugh, individually, and d/b/a Lucky D's (collectively the Defibaughs), appeal the trial court's decision finding the Defibaughs violated the South Carolina Unfair Trade Practices Act (UTPA). Collins Holding Corp. appeals the trial court's refusal to treble the damages it was awarded. We reverse the finding of a UTPA violation.

FACTS

Collins is in...

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