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HAMILTON v. YORK

No. Civ.A. 97-361.

987 F.Supp. 953 (1997)

Gregory HAMILTON, and Dana Hamilton, plaintiffs, v. Larry YORK d/b/a HLT Check Exchange, LLP, defendant.

United States District Court, E.D. Kentucky.

December 11, 1997.

Attorney(s) appearing for the Case

Addison Parker, Appalachian Research & Development Fund, Richmond, KY, Stephen A. Sanders, Deborah A. Schmedemann, Appalachian Research & Defense Fund of Ky., Inc., Prestonsburg, KY, Ned Pillersdorf, Pillersdorf, DeRossett & Barrett, Prestonsburg, KY, Ned Pillersdorf, Pillersdorf, DeRossett & Barrett, Prestonsburg, KY, for Plaintiffs.

J. Clarke Keller, Daniel E. Danford, Stites & Harbison, Lexington, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

The defendant, Larry York D/B/A HLT Check Exchange, LLP ("HLT"), has moved the Court [Record No. 4] to dismiss the plaintiffs' claims. The plaintiffs, Gregory and Dana Hamilton ("Hamiltons"), have responded [Record No. 7], to which HLT has replied [Record No. 8]. This matter is now ripe for decision.

The following are the pertinent facts. On August 22...

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