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BEALL PLUMBING & HEATING v. FIRST NAT. BANK

Civ. A. No. 1:92-1122.

847 F.Supp. 1307 (1994)

BEALL PLUMBING & HEATING COMPANY, Plaintiff, v. FIRST NATIONAL BANK OF KEYSTONE and Billie Cherry, as agent, servant and employee of the First National Bank of Keystone, Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

March 25, 1994.

Attorney(s) appearing for the Case

David P. Cleek, Cleek, Pullin & Bibb, Charleston, WV, Scott A. Livingston, Bastianelli, Brown & Touhey, Washington, DC, for plaintiff.

Michael Gibson, Gibson & McFadden, Princeton, WV, Randal W. Roahrig, Randal W. Roahrig & Assocs., Princeton, WV, for defendants.

MEMORANDUM OPINION

FABER, District Judge.

This action involves a dispute relating to the defendants' liability with regard to a certificate of sufficiency signed by defendant Billie Cherry (hereinafter "Cherry"), a Vice-President of defendant First National Bank of Keystone (hereinafter "First National"). Currently pending before the court is a motion for summary judgment filed by defendant First National on July 6, 1993. For the purpose of considering...

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