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ALLSTATE INS. CO. v. SPROUT

Civ. A. No. 1: CV-90-1253.

782 F.Supp. 999 (1991)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Mary Jane SPROUT, Individually and as Executrix of the Estate of Nicole S. Sprout, Deceased, Russell W. Mutzabaugh, David Christopher Nott, Enola Auto Parts, Inc. and Frank William Potter, Jr., Defendants.

United States District Court, M.D. Pennsylvania.

May 28, 1991.

Attorney(s) appearing for the Case

James G. Nealon, III, Caldwell & Kearns, Harrisburg, Pa., for plaintiff.

Richard A. Sadlock, Angino & Rovner, Harrisburg, Pa., David J. Foster, Leslie M. Fields, Lemoyne, Pa., Joseph A. Ricci, John M. Glace and Thomas A. Placey, Mancke & Wagner, Harrisburg, Pa., for defendants.

MEMORANDUM

RAMBO, District Judge.

Before the court are the motions for a new trial of defendants Russell W. Mutzabaugh and Mary Jane Sprout. Trial was held before this court on March 11, 1991. At trial, defendants had been assigned the burden of proof because the action was for a declaratory judgment by an insurer seeking to exclude defendants from recovering under the insurer's insureds' policy. At the close of defendants' case, this court granted a directed...

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