
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, April 22, 1994                   TAG: 9404220176
SECTION: CURRENT                    PAGE: NRV-1   EDITION: NEW RIVER VALLEY 
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Medium

GAS STATION OWNER CLAIMS LAWYER ACTED WRONGLY IN SUIT

The operator of a Blacksburg gasoline station is suing Blacksburg lawyer Donald Irons for $2 million, alleging that Irons wrongfully represented a funeral home in a lawsuit against the gas station after he had provided legal counsel to the gas station.

M.E. McMurray Inc., owner of the Blacksburg Exxon Servicenter, alleges that Irons and his law firm erred in representing owners of a funeral home in a lawsuit against the station after it already had been retained to represent the McMurrays in the purchase of the gas station from Exxon Corp. The lawsuit was filed Wednesday in Montgomery County Circuit Court by the Roanoke law firm Lutins & Shapiro.

McMurray Inc., made up of Mac and Mike McMurray, alleges it was not aware that Irons' firm had been retained as early as January 1991 by William and June McCoy to represent them in legal action involving environmental damage allegedly inflicted by Exxon on the adjacent McCoy Funeral Home.

The McCoys filed suit against Exxon and McMurray Inc. in March 1993, asking for up to $13 million in compensation for what they said were damages caused by petroleum products leaking from underground storage tanks into their business and residential property. The lawsuit was filed on their behalf by the Radford law firm of Stone Hamrick Harrison and Turk and by Irons.

The McMurrays, who took over the station from Exxon in September 1992, allege that the filing came days before its corporation was to obtain permanent financing to purchase the station. The lawsuit effectively undermined McMurray's ability to obtain the necessary financing. The McMurrays also allege that Irons' firm failed to advise them against purchasing the station unless Exxon indemnified McMurray against liability because of any soil contamination that might have occurred during Exxon's ownership of the station.

The lawsuit maintains Irons and his firm were negligent by continuing to represent McMurray and receiving information from the firm that was then used to "better prepare for the McCoys' suit against Exxon and McMurray." This was done while still collecting fees from McMurray, according to the suit.

Irons could not be reached for comment Thursday.

by CNB