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BANK ONE, WEST VIRGINIA, ST. ALBANS, N.A. v. USF & G

Civ. A. No. 2:94-0714.

869 F.Supp. 426 (1994)

BANK ONE, WEST VIRGINIA, ST. ALBANS, N.A., Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

November 22, 1994.

Attorney(s) appearing for the Case

William W. Booker and Jonathan Nichol, Kay, Casto, Chaney, Love & Wise, Charleston, WV, for plaintiff.

John T. Miesner, Hoyer, Hoyer & Smith, Charleston, WV, Edward G. Gallagher, Wickwire Gavin, P.C., Vienna, VA, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendant's Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have submitted memoranda in support of their respective positions and the matter is mature for the Court's consideration.

As an initial matter, the Court notes the standard of review of a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of...

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