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TOWN OF KIMBALL v. AETNA CAS. & SUR. CO.

Civ. A. No. 80-1103.

529 F.Supp. 26 (1981)

TOWN OF KIMBALL (West Virginia), a Municipal Corporation, Plaintiff, v. AETNA CASUALTY & SURETY COMPANY, a Foreign Corporation, Defendant.

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

April 7, 1981.

Attorney(s) appearing for the Case

Norris Kantor, Katz, Kantor, Katz, Perkins & Cameron, Bluefield, W. Va., for plaintiff.

Charles A. Tutwiler, Tutwiler, Crockett & LaCaria, Welch, W. Va., for defendant.

MEMORANDUM OPINION

KIDD, District Judge.

This action for declaratory relief was filed in West Virginia State Court on or about October 2, 1980. The matter was removed to this Court on November 6, 1980.

The plaintiff Town requests that this Court construe a contract of insurance executed by the parties hereto. The matter has been submitted on the pleadings with a stipulation of fact, each party moving for summary judgment.

The Town of Kimball...

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