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CONTINENTAL CAS. CO. OF ILL. v. WESTINGHOUSE ELEC. CORP.

Civ. A. No. 29951.

327 F.Supp. 720 (1970)

CONTINENTAL CASUALTY COMPANY OF ILLINOIS, Subrogee of WJRT, Inc., Ohio Farmers Insurance Company, an Ohio corporation, and Phoenix Assurance Company, a New York corporation, Subrogee of Charles and Larue Pemberton, Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION, and Edwin L. Wiegand Corporation, jointly and severally, Defendants.

United States District Court, E. D. Michigan, S. D.

March 13, 1970.

Attorney(s) appearing for the Case

Kenneth C. Davies, Lawrence H. Rudzki, Davies, Rudzki & Zeder, Detroit, Mich., for Continental Casualty Company of Ill.

Rodman C. Moesta, Johnson, Campbell & Moesta, Detroit, Mich., for Ohio Farmers Insurance Co., Phoenix Assurance Company.

Konrad D. Kohl, Davidson, Gotshall, Kohl, Nelson, Secrest, Wardle & Lynch, Detroit, Mich., for Westinghouse Electric Corporation.

Buell A. Doelle, Vandeveer, Doelle, Garzia, Tonkin & Kerr, Detroit, Mich., for Edwin L. Wiegand Corp.

OPINION

ROTH, District Judge.

This is a subrogation action by three plaintiff insurers against two defendants, Westinghouse Electric Corporation and Edwin L. Wiegand Corporation (hereinafter referred to as Westinghouse and Wiegand), to recover moneys paid by them as a result of a fire at WJRT-TV, a television station with related offices, located at Flint, Michigan.

The two-count complaint pleads breach of express and implied warranties and negligence...

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