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MAGNESS CONSTRUCTION CO. v. OHIO FARMERS INS. CO.

261 A.2d 537 (1969)

MAGNESS CONSTRUCTION CO. and Delaware Trust Company, corporations of the State of Delaware, v. OHIO FARMERS INSURANCE COMPANY, a corporation of the State of Ohio, Defendant and Third-Party Plaintiff, v. CRAYTON & PIPPIN, INC., a Delaware corporation, Third-Party Defendant and Fourth-Party Plaintiff, v. GOLDSBOROUGH-BARR INSURANCE AGENCY, INC., Fourth-Party Defendant.

Superior Court of Delaware, New Castle.

December 29, 1969.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for plaintiffs.

William F. Taylor, and Richard H. May, of Young, Conaway, Stargatt & Taylor, Wilmington, for Ohio Farmers Insurance Co.

Clifford B. Hearn, Jr., of Biggs & Battaglia, Wilmington, for Crayton & Pippin, Inc.

Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, for Goldsborough-Barr Insurance Agency, Inc.

OPINION

CHRISTIE, Judge.

Plaintiffs have filed a motion for summary judgment against the defendant Ohio Farmers Insurance Company. Ohio Farmers has filed a motion for summary judgment against Crayton & Pippin, Inc., the third party defendant. The facts upon which these motions are based are not in pertinent dispute.

Defendant Ohio Farmers, issued an insurance policy in the amount of $15,000. covering the loss by fire of a building owned by plaintiff...

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