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STATE v. McGRAW

No. 14-0776.

769 S.E.2d 476 (2015)

STATE of West Virginia ex rel. U.S. BANK NATIONAL ASSOCIATION, et al., Petitioners v. The Honorable Warren R. McGRAW, Judge of the Circuit Court of Wyoming County, West Virginia; and Wyoming County, West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 5, 2015.

Attorney(s) appearing for the Case

Michael W. Carey, Esq. , David R. Pogue, Esq. , Carey, Scott, Douglas & Kessler, PLLC, Joseph T. Cramer, Esq. , Shuman, McCuskey & Slicer, PLLC, Thomas M. Hefferon, Esq. , Goodwin Procter, LLP, Washington, D.C., Jared M. Tully, Esq. , Frost Brown Todd, LLC, Charleston, West Virginia, Thomas V. Flaherty, Esq. , Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, WV, for Petitioners.

Harry F. Bell, Jr., Esq. , Jonathan W. Price, Esq. , The Bell Law Firm, PLLC, Charleston, WV, Charles Clinton Hunter, Esq. , Reich and Binstock, LLP, Houston, TX, for Respondent Wyoming County, West Virginia.

This original proceeding in prohibition concerns whether the assignment of a trust deed, securing the payment of a promissory note for the purchase of residential real estate, must be recorded in the office of the clerk of the county commission.

A putative class action was filed in the Circuit Court of Wyoming County against...

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