GIANT EAGLE, INC. v. FEDERAL INS. CO.

Civ. A. No. 94-106.

884 F.Supp. 979 (1995)

GIANT EAGLE, INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant.

United States District Court, W.D. Pennsylvania.

April 24, 1995.


Attorney(s) appearing for the Case

Bernard D. Marcus, Robert L. Allman, II, for plaintiff.

Thomas V. Gebler, Jr., Dennis St. John Mulvihill, Arlin M. Adams, for defendant.


OPINION

ZIEGLER, Chief Judge.

Pending before the court is the motion of plaintiff, Giant Eagle, Inc. ("Giant Eagle"), for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, for a new trial. Giant Eagle contends that defendant, Federal Insurance Company ("Federal"), failed to sustain the burden of proving its claim for reformation of an insurance contract by clear and convincing evidence and that plaintiff is entitled...

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