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OLIVER B. CANNON AND SON v. FIDELITY AND CAS. CO.

Civ. A. No. 79-129.

519 F.Supp. 668 (1981)

OLIVER B. CANNON AND SON, INC., a Pennsylvania corporation, Plaintiff, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire corporation, Defendant.

United States District Court, D. Delaware.

July 31, 1981.

Attorney(s) appearing for the Case

Robert G. Carey of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for plaintiff.

B. Wilson Redfearn and Colin M. Shalk of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

In this action plaintiff, Oliver B. Cannon and Son, Inc. ("Cannon"), seeks to recover from its insurance carrier, defendant Fidelity and Casualty Company of New York ("Fidelity"), (a) sums of money which Cannon allegedly became obligated to pay as damages as the result of a state court suit, (b) Cannon's litigation expenses accumulated in that suit, and (c) exemplary damages. The facts and issues of this action are...

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