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THOMAS v. BRANCH BANKING AND TRUST CO.

No. CIVA 1:06CV52.

443 F.Supp.2d 806 (2006)

Laura K. THOMAS Plaintiff, v. BRANCH BANKING AND TRUST COMPANY, Defendant.

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

August 4, 2006.

Attorney(s) appearing for the Case

William J. Leon, Morgantown, WV, for Laura K. Thomas, Plaintiff.

Parween S. Mascai, Jackson & Kelly PLLC, Stephen M. LaCagnin, Jackson Kelly, PLLC—Morgantown, Parween S. Mascari, Jackson Kelly, PLLC—Morgantown, Morgantown, WV, for Branch Banking and Trust Company, Defendant.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Pending before the Court is the defendant's Rule 12(b)(6) motion to dismiss. The defendant contends that plaintiff's claims for breach of contract and breach of a secured party's duty to preserve collateral are barred by statutes of limitation. For reasons set forth below, this Court DENIES the defendant's motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 21, 2006...

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