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NATIONWIDE MUT. FIRE INS. CO. v. GRADY

No. COA97-883.

502 S.E.2d 648 (1998)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff, v. Christopher T. GRADY, and John Van B. Metts, Defendants.

Court of Appeals of North Carolina.

July 21, 1998.

Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P. by David S. Coats, Raleigh, for plaintiff-appellee.

Thompson & Smyth, L.L.P. by Theodore B. Smyth, Raleigh, for defendant-appellant Christopher T. Grady.

No brief filed by defendant-appellee John Van B. Metts.

TIMMONS-GOODSON, Judge.

Plaintiff Nationwide Mutual Fire Insurance Company filed this declaratory judgment action on 30 August 1996 in Wake County Superior Court. Nationwide filed this action in response to an underlying tort action filed in 1994 in New Hanover County Superior Court, wherein defendant John Van B. Metts, an employee of the North Carolina Department of Revenue, alleged that his immediate supervisor, defendant Christopher T. Grady, committed an "intentional...

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