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MOUNTAINEER FIRE & RESCUE v. CITY NAT. BANK

No. 18-0984.

854 S.E.2d 870 (2020)

MOUNTAINEER FIRE & RESCUE EQUIPMENT, LLC, Brian Cavender, and Walter Cavender, Petitioners v. CITY NATIONAL BANK OF WEST VIRGINIA, and Joe Beam, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 20, 2020.

Concurring and Dissenting Opinion of Justice Jenkins November 23, 2020.

Attorney(s) appearing for the Case

Michael D. Weikle, Esq. 1, Tiffin, Ohio, Counsel for Petitioners.

Ancil G. Ramey, Esq. , Steptoe & Johnson PLLC, Huntington, West Virginia, Counsel for Respondent City National Bank of West Virginia.

Miles B. Berger, Esq. , Romano & Associates, PLLC, Charleston, West Virginia, Counsel for Respondent Joe Beam.

In this appeal from the Circuit Court of Kanawha County, we examine orders dismissing various counterclaims and crossclaims from this action. The parties' arguments about the dismissal orders seemingly implicate the complicated interplay between the duties of banks toward their customers, the Uniform Commercial Code, and the...

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