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CONTINENTAL CAS. CO. v. FUSCARDO

No. 93-2556.

35 F.3d 963 (1994)

CONTINENTAL CASUALTY COMPANY, a corporation, Plaintiff-Appellant, v. Michael F. FUSCARDO, individually; Shelly Fuscardo, individually; Michael F. Fuscardo, as the next friend of Nicole Fuscardo and Michelle Fuscardo, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1994.

Attorney(s) appearing for the Case

ARGUED: Amy Marie Smith, Steptoe & Johnson, Clarksburg, WV, for appellant. Daniel Lee McCune, Sellitti, Nogay & McCune, Weirton, WV, for appellees. ON BRIEF: J. Greg Goodykoontz, Steptoe & Johnson, Clarksburg, WV, for appellant. James J. Sellitti, Sellitti, Nogay & McCune, Weirton, WV, for appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge HILTON concurred. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Continental Casualty Company filed a declaratory judgment action pursuant to 28 U.S.C. § 2201 in the United States District Court for the Northern District of West Virginia to resolve a dispute with members of the Fuscardo family involving potential coverage under an uninsured...

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