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YOUELL v. MADDOX

Civ. A. No. 86-300-JLL.

692 F.Supp. 343 (1988)

John R. YOUELL, on behalf of himself and those Underwriters at Lloyd's, London, subscribing Railroad Protective Policy No. 3649-1982, Plaintiff, v. James Roland MADDOX, individually and d/b/a J & M Construction and Demolition, an unincorporated firm, Defendants.

United States District Court, D. Delaware.

July 11, 1988.

Attorney(s) appearing for the Case

W. Harding Drane, Jr. of Potter, Anderson & Corroon, Wilmington, Del., and Michael J. Athans of Lord, Bissell & Brook, Atlanta, Ga., of counsel, for plaintiff.

David E. Brand of Prickett, Jones, Elliott, Kristol & Schnee, and Alan T. Boyd of Bayard, Handelman & Murdoch, P.A., Wilmington, Del., for defendants.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

The present matter stems from a suit brought by John R. Youell ("plaintiff"), on behalf of himself and those Underwriters at Lloyd's, London, subscribing Railroad Protective Liability Policy No. 3649-1982, against James Maddox ("Maddox"), a citizen of Delaware, and J & M Construction and Demolition ("J & M Construction").1 The suit arises from...

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