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ST. PAUL MERCURY INS. CO. v. DUKE UNIVERSITY

No. 87-3768.

849 F.2d 133 (1988)

ST. PAUL MERCURY INSURANCE COMPANY, Plaintiff-Appellee, v. DUKE UNIVERSITY; Leonard R. Prosnitz, Defendants-Appellants, and Raymond U, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1988.

Rehearing and Rehearing Denied September 6, 1988.

Attorney(s) appearing for the Case

Robert A. Burgoyne (Fulbright & Jaworski, Laura B. Luger, Moore & Van Allen, on brief), for defendants-appellants.

Joseph W. Yates, III, Barbara B. Weyher (Yates, Fleishman, McLamb & Weyher, on brief), for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied September 6, 1988.

WILKINSON, Circuit Judge:

This is a declaratory judgment action brought by St. Paul Mercury Insurance Co. to determine coverage under an insurance policy issued by St. Paul to Duke University. A former employee of Duke, Dr. Raymond U, won judgments in North Carolina state court against Duke for malicious prosecution and against another Duke employee, Dr. Leonard Prosnitz, for defamation. Each judgment...

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