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AMERICAN INTER-INSURANCE EXCH. v. HOME INDEM.

Civ. A. No. 79-0055-A.

489 F.Supp. 234 (1980)

AMERICAN INTER-INSURANCE EXCHANGE, Plaintiff, v. HOME INDEMNITY COMPANY et al., Defendants.

United States District Court, W. D. Virginia, Abingdon Division.

May 14, 1980.

Attorney(s) appearing for the Case

William W. Eskridge, Abingdon, Va., for plaintiff.

Z. D. Christian, Bluefield, Va., Leslie M. Mullins, Norton, Va., G. P. Young, Wytheville, Va., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This diversity action1 involves a suit for declaratory judgment as to the applicability of liability insurance coverage. The court is presently confronted with the parties' cross motions for summary judgment. Below are the pertinent facts:

I. FACTS

An employee of Peter Kiewit Sons (Kiewit) of Omaha, Nebraska, engaged Marshall Peery, an operator of a...

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