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FAIRCLOTH v. RASH

373 A.2d 870 (1977)

Marvin FAIRCLOTH, Jr., Plaintiff, v. Donald RASH et al., Defendants and Third-Party Plaintiffs, v. ELJIM AGENCY, a Delaware corporation, et al., Third-Party Defendants and Third-Party Plaintiffs, v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation, Third-Party Defendant.

Superior Court of Delaware, New Castle.

Decided April 4, 1977.

Attorney(s) appearing for the Case

Richard P. S. Hannum, of Prickett, Ward, Burt & Sanders, Wilmington, for Fireman's Fund, subrogee in the name of Marvin Faircloth, Jr.

Nicholas H. Rodriguez and William D. Fletcher, Jr., of Schmittinger & Rodriguez, Dover, for Marvin Faircloth, Jr., individually.

N. Maxson Terry, Jr., of Terry, Terry & Jackson, Dover, for Eljim Agency.

F. Alton Tybout and Richard W. Pell, of Tybout & Redfearn, Wilmington, for Ins. Co. of North America.

TAYLOR, Judge.

Fireman's Fund Insurance Company, suing as subrogee in the name of Marvin Faircloth, Jr. [Fireman's Fund],1 obtained judgment against Richard Rice Trailer Company, Inc. [Rice] in the amount of $73,615. Pursuant to execution process upon that judgment, certain property of defendant corporation was sold at Sheriff's sale. The issue before...

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