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CONTINENTAL CAS. CO. v. TOWN OF BLACKSBURG

Civ. A. No. 92-0854-R.

846 F.Supp. 486 (1994)

CONTINENTAL CASUALTY COMPANY, Plaintiff, v. TOWN OF BLACKSBURG, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

March 16, 1994.

Attorney(s) appearing for the Case

William B. Hopkins, Jr., Martin, Hopkins & Lemon, P.C., Roanoke, VA and Elliott R. Feldman and Steven L. Smith, Cozen & O'Connor, Philadelphia, PA, for plaintiff.

David B. Hart, Gary E. Tegenkamp, Peter Duane Vieth, Wooten & Hart, Roanoke, VA and Richard Boucher Kaufman, Blacksburg, VA, for defendant.

MEMORANDUM OPINION

TURK, District Judge.

I.

This action was filed by Continental Casualty Company ("Continental") as subrogee of Virginia Polytechnic Institute and State University ("Virginia Tech" or "VPI") seeking recovery for property damage losses paid to its insured, VPI, as a result of a storm and subsequent flooding. Plaintiff's amended complaint sought relief on theories of negligence, nuisance and taking. By order entered June 1...

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