Civ. A. No. 89-0007-M(K).

747 F.Supp. 1203 (1990)

AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. Garry Wayne SHAMBAUGH, Garry Shambaugh, II, and Martha Shambaugh, Defendants.

United States District Court, N.D. West Virginia, Martinsburg Division.

October 16, 1990.

Attorney(s) appearing for the Case

Dale Buck and William Richard McCune, Jr., Martinsburg, W.Va., for plaintiff.

Lawrence M. Schultz, Martinsburg, W.Va., for defendants.


KIDD, District Judge.

Currently pending are the parties cross-motions for summary judgment. Said matters, having been fully briefed, are ripe for disposition.

The material facts underlying this declaratory judgment action are as follows:

1. The defendant, Garry Wayne Shambaugh, ("Mr. Shambaugh"), is the named insured under an automobile policy held by the plaintiff, Aetna Casualty and Surety Company ("Aetna"...

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