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WHITE v. LOWE'S HOME CENTERS, INC.

No. Civ.A. 1:96-CV-144.

29 F.Supp.2d 330 (1998)

Patsy E. WHITE and Jack E. White, Plaintiffs, v. LOWE'S HOME CENTERS, INC., and Gab Robins Business Services, Inc., Defendants.

United States District Court, N.D. West Virginia.

December 11, 1998.

Attorney(s) appearing for the Case

Michael J. Romano, Law Offices of David J. Romano, Clarksburg, WV, for Plaintiffs.

J. Gregg Goodykoontz, Robert E. Gifford, Steptoe & Johnson, Clarksburg, WV, Martin R. Smith, Jr., John W. Alderman, III, Steptoe & Johnson, Charleston, WV, for Defendants,

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Defendants, Lowe's Home Centers, Inc. ("Lowe's"), and GAB Robins Business Services, Inc. ("GAB"), have moved for summary judgment as to the plaintiffs' claim for unfair trade practices on the basis that West Virginia's Unfair Trade Practices Act (the "UTPA"), W.Va.Code § 33-11-1, et seq., does not apply to self-insurers such as Lowe's. The defendants also have argued that GAB, the adjuster...

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