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STATE FARM FIRE AND CAS. CO. v. FOLGER

No. 86-96-CIV-4.

677 F.Supp. 844 (1988)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff, v. Lee FOLGER, Defendant.

United States District Court, E.D. North Carolina, New Bern Division.

January 25, 1988.

Attorney(s) appearing for the Case

Joseph W. Yates, III, Beth R. Fleishman, Raleigh, N.C., for plaintiff.

D. Michael Strickland, Gaylord, Singleton, McNally, Strickland & Snyder, Greenville, N.C., for defendant.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Plaintiff, State Farm Insurance, filed this action for declaratory relief, seeking to limit its liability to defendant, Lee Folger. Defendant counterclaimed in an attempt to force full payment by State Farm on the policy in issue. Both parties have filed summary judgment motions. The court is now prepared to rule on these motions.

FACTUAL BACKGROUND

On September 13, 1985, a building located...

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