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STATE OF WEST VIRGINIA v. FIDELITY & CAS. CO. OF N. Y.

Civ. A. No. 2239.

263 F.Supp. 88 (1967)

STATE OF WEST VIRGINIA, which sues at the Relation of Andrew POULOS and Marcella Poulos, and Andrew Poulos and Marcella Poulos, individually, Plaintiffs, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, S. B. Noe, Elbert Adkins, Luther Watts, Freddie Morris, Gilbert R. Morrison, G. D. Spence, and the Aetna Casualty and Surety Company, a corporation, Defendants.

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

January 7, 1967.

Attorney(s) appearing for the Case

L. Alvin Hunt, Preiser & Greene, Charleston, W. Va., for plaintiffs.

Chad W. Ketchum, Greene, Ketchum, Baker & Pauley, Huntington, W. Va., for defendants Fidelity & Casualty Co. of New York and S. B. Noe.

Duncan W. Daugherty, Daugherty & Daugherty, Huntington, W. Va., for defendant Elbert Adkins.

C. Robert Schaub, Jenkins, Schaub & Fenstermaker, Huntington, W. Va., for defendant Gilbert R. Morrison.

Norman K. Fenstermaker, Jenkins, Schaub & Fenstermaker, Huntington, W. Va., for defendants G. D. Spence and Aetna Casualty & Surety Co.

CHRISTIE, District Judge.

This matter is before the Court pursuant to the motions of defendants Fidelity and Casualty Company of New York, a corporation; S. B. Noe; Elbert Adkins; Gilbert R. Morrison; G. D. Spence; and The Aetna Casualty and Surety Company, a corporation, to dismiss the complaint in that it fails to state a claim upon which relief can be granted. This is a diversity action and West Virginia substantive law is applicable. Erie Railroad Company v. Tompkins...

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