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STATE BANCORP v. U.S. FIDELITY AND GUAR.

Nos. 23302, 23303.

483 S.E.2d 228 (1997)

199 W.Va. 99

STATE BANCORP, INC., Bruceton Bank, Ronald D. Fike and Paul Thomas, Plaintiffs Below, Appellees, v. UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, Defendant Below, Appellant, Aetna Casualty & Surety Company, Defendant Below, Appellee. STATE BANCORP, INC., Bruceton Bank, Ronald D. Fike and Paul Thomas, Plaintiffs Below, Appellees, v. UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, Defendant Below, Appellee Aetna Casualty & Surety Company, Defendant Below, Appellant,

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 28, 1997.

Filed as Modified February 28, 1997.

Attorney(s) appearing for the Case

Harry M. Rubenstein, Kay, Casto, Chaney, Love & Wise, Morgantown, John R. Hoblitzell, Kay, Casto, Chaney, Love & Wise, Charleston, for State Bancorp, Inc., Bruceton Bank, Ronald D. Fike and Paul Thomas.

James D. McQueen, Jr., Jeffrey C. Dunham, McQueen & Brown, L.C., Charleston, for USF & G.

Roslyn C. Payne, Brown & Levicoff, Beckley, Avrum Levicoff, Brown & Levicoff, Pittsburgh, PA, for Aetna Casualty & Surety Company.

PER CURIAM:

The appellants, United States Fidelity and Guaranty Insurance Company (hereinafter "USF & G") and Aetna Casualty & Surety Company (hereinafter "Aetna"), appeal the July 31, 1995 non-jury order of the Circuit Court of Monongalia County which entered a declaratory judgment in favor of the appellees, State Bancorp, Inc., Bruceton Bank, Ronald Fike and Paul Thomas.1 The circuit court stated in the July 31, 1995 order that...

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