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STOVER v. FINGERHUT DIRECT MARKETING, INC.

Civil Action No. 5:09-cv-00152.

709 F.Supp.2d 473 (2009)

Carter M. STOVER and Brenda L. Stover, Plaintiffs, v. FINGERHUT DIRECT MARKETING, INC. and CIT Bank, Defendants.

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

August 26, 2009.

Attorney(s) appearing for the Case

Christopher B. Frost , Ralph C. Young , Hamilton Burgess Young & Pollard, Fayetteville, WV, for Plaintiffs.

Bryant J. Spann , Peter G. Markham , Allen Guthrie McHugh & Thomas, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Before the Court is Defendants Fingerhut Direct Marketing, Inc. and CIT Bank's Motion to Dismiss Count I of the Complaint [Docket 7]. For the reasons set forth below, this motion is DENIED. Also pending is Defendants' Motion to Accept Filing of Reply Brief [Docket 13]. This unopposed motion is GRANTED.

I....

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