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CENTENNIAL LIFE INS. CO. v. POSTON

No. 95-1038.

88 F.3d 255 (1996)

The CENTENNIAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Barbara POSTON; Victor Poston, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1996.

Attorney(s) appearing for the Case

ARGUED: Eric Wayne Iskra, Spilman, Thomas & Battle, Charleston, West Virginia, for Appellant. John Frederick Cyrus, Gardner & Cyrus, Huntington, West Virginia, for Appellees. ON BRIEF: Charles L. Woody, Neva G. Lusk, Spilman, Thomas & Battle, Charleston, West Virginia, for Appellant. David M. Pancake, Levy, Trautwein & Pancake, Huntington, West Virginia, for Appellees.

Before WILKINSON, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Chief Judge WILKINSON and Senior Judge BUTZNER joined.

CORRECTED OPINION

ERVIN, Circuit Judge:

The district court dismissed Centennial Life Insurance Company's declaratory judgment action. Because a pending state action will resolve the issue raised in the federal action, along with a number of issues not raised here, we believe that the district court did not abuse its discretion...

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