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AETNA CAS. AND SUR. CO. v. DEITRICH

Civ. A. No. 1:CV-92-707.

803 F.Supp. 1032 (1992)

AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. Harry J. DEITRICH, administrator of the Estate of Judy A. Deitrich, Deceased, and Joann M. Deitrich, a minor by Harry J. Deitrich, Parent and Natural Guardian, Defendants.

United States District Court, M.D. Pennsylvania.

October 15, 1992.

Attorney(s) appearing for the Case

Dennis J. Bonetti, Peters and Wasilefski, Harrisburg, Pa., for plaintiff.

David B. Dowling, Rhodes & Sinon, Harrisburg, Pa., for defendants.

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have filed an opposition brief, Defendants have filed a reply brief, and Plaintiffs have filed a surreply brief. The motion is now ripe for consideration.

Background

The captioned action arose from a two car accident which occurred on April 30, 1987. Judy A. Deitrich was a front seat passenger...

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