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KNAPP v. AMERICREDIT FINANCIAL SERVICES, INC.

No. CIV.A. 2:01-0788.

245 F.Supp.2d 841 (2003)

Timothy G. KNAPP and Angela D. Knapp, individually and on behalf of all others similarly situated, Plaintiffs, v. AMERICREDIT FINANCIAL SERVICES, INC., Cox Pontiac-Buick, Inc. d/b/a Crown-Pontiac-Buick-GMC, Inc., and Henry Marino, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

February 18, 2003.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, WV, for Plaintiff.

Daniel J. Konrad, R. Kemp Morton, James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, Eugene J. Kelley, Jr., John L. Ropiequet, Christopher S. Naveja, EArnstein & Lehr, Chicago, IL, for Defendant Americredit.

Forrest Jones, Jr.,Thomas L. Linkous, Jones & Associates, Charleston, WV, for Defendant Crown-Pontiac-Buick-GMC, Inc.

Larry G. Kopelman, Kopelman & Associates, Charleston, WV, for Defendant Henry Marino.

MEMORANDUM OPINION AND SCHEDULING ORDER

HADEN, District Judge.

Pending are the motions of all Defendants for summary judgment on all counts of Plaintiffs' Second Amended Complaint. For reasons discussed below, the motions are GRANTED in part and DENIED in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

As is necessary at summary judgment, the facts are presented in a light most favorable to the non-movant. Two...

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