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EASTERN GAS AND FUEL ASSOCIATES v. MIDWEST-RALEIGH, INC.

Civ. A. No. 750-F.

253 F.Supp. 954 (1966)

EASTERN GAS AND FUEL ASSOCIATES, a Voluntary Trust Association, Plaintiff, v. MIDWEST-RALEIGH, INC., a corporation, the Travelers Insurance Company, a corporation, Interstate Engineers & Constructors, Inc., a corporation, the Fidelity and Casualty Company of New York, a corporation, Alma Jean Jones, Administratrix of the Estate of Robert L. Jones, deceased, Evelyn Elizabeth Ice, Administratrix of the Estate of Gay W. Ice, deceased, Arlie Spry, William J. Ice, and William E. Zirkle, Defendants.

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

Supplemental Opinion May 21, 1966.

Attorney(s) appearing for the Case

Russell L. Furbee, Furbee & Hardesty, Fairmont, W. Va., and William C. Walker, Dickie, McCamey & Chilote, Pittsburgh, Pa., for plaintiff.

Willis O. Shay, Steptoe & Johnson, Clarksburg, W. Va., for defendants Midwest-Raleigh, Inc., The Travelers Ins., Co., Interstate Engineers & Constructors, Inc., and The Fidelity & Cas. Co. of New York.

CHRISTIE, District Judge:

This is an action for declaratory judgment under 28 U.S.C.A. § 2201 and Rule 57 of the Federal Rules of Civil Procedure. Federal jurisdiction by reason of diversity and requisite amount is found to exist under 28 U.S.C.A. § 1332.

For brevity, the plaintiff, Eastern Gas and Fuel Associates, will be referred to as "Eastern," and the defendants here immediately concerned, Midwest...

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