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D. B. JEREMY & SONS, INC. v. COMMERCIAL UNION ASSUR. CO.

No. C 74-377.

398 F.Supp. 374 (1975)

D. B. JEREMY & SONS, INC., Plaintiff, v. COMMERCIAL UNION ASSURANCE COMPANIES, Defendant.

United States District Court, N. D. Ohio, W. D.

August 6, 1975.

Attorney(s) appearing for the Case

Paul C. Moon, Moon, Moon & Noblitt, Port Clinton, Ohio, for plaintiff.

Louis H. Rice, Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, for defendant.

OPINION and ORDER

WALINSKI, District Judge:

This cause is before the Court upon cross motions for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. Since both sides have filed briefs on the issues the Court deems the matter submitted for a final determination.

The facts are conceded by the parties without dispute. Defendant sold plaintiff a policy of flood insurance prior to the construction of a building at 403 Lakeshore Drive...

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