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MARSTON v. U.S. FIDELITY & GUARANTY CO.

No. 91-302.

135 N.H. 706 (1992)

DONALD AND LINDA MARSTON v. UNITED STATES FIDELITY AND GUARANTY COMPANY

Supreme Court of New Hampshire.

June 30, 1992.

Attorney(s) appearing for the Case

Cullity, Kelley & McDowell, of Manchester (Joseph F. McDowell, III on the brief and orally), for the plaintiffs.

Devine, Millimet and Branch, P.A., of Manchester (Eileen Fox on the brief and orally), for the defendant.

JOHNSON, J.

The plaintiffs, Donald and Linda Marston, appeal from a Superior Court (Dalianis, J.) order granting an amended motion for summary judgment filed by the defendant, United States Fidelity and Guaranty Company (USF&G), in a declaratory judgment action. On appeal, the plaintiffs argue that the superior court erred in: (1) allowing USF&G to relitigate issues of fact after its insured, A&E Forklift...

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