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WHITE v. AAMG CONST. LENDING CENTER

No. 35286.

700 S.E.2d 791 (2010)

Anissa WHITE, Plaintiff Below, Appellant, v. AAMG CONSTRUCTION LENDING CENTER; RG Crown Mortgage/RG Crown Bank; White Family Properties, LLC; Stephen L. White, II, Individually; Allied Home Mortgage Capital Corporation; and ABN AMRO Mortgage Group, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided September 16, 2010.

Attorney(s) appearing for the Case

Paul M. Stroebel, Esq. , Stroebel & Johnson, PLLC, Charleston, WV, for Appellant.

Kenneth E. Tawney, Esq. , Amber L. Hoback, Esq. , Kevin R. Waldo, Esq. , Jackson Kelly, PLLC, Charleston, WV, for Appellee Fifth Third Bank.

PER CURIAM:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a construction loan by a bank to build a new house. The plaintiff—the owner of the new house—asserted that the defendant bank had a duty, in contract and in tort, not to distribute any money from the loan to the contractor building the house until the house had been inspected and the inspector had confirmed that the work being paid for was completed and in place...

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