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ALLSTATE INS. CO. v. DiGIORGI

No. 2:97-1171.

991 F.Supp. 767 (1998)

ALLSTATE INSURANCE CO., Plaintiff, v. Danielle DiGIORGI, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

February 11, 1998.

Attorney(s) appearing for the Case

Brent K. Kesner, Kesner, Kesner & Bramble, Charleston, WV, for plaintiff.

Vincent J. King, Charleston, WV, J. Timothy DiPiero, DiTrapano & Jackson, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants' motion to dismiss. The matter is ripe for review. For reasons that follow, the Court DENIES Defendants' motion.

I. FACTUAL BACKGROUND

Danielle DiGiorgi, daughter of divorced parents Gino DiGiorgi and Amy Carte,1 suffered an accidental gunshot wound while at her father's residence on September 29, 1996.

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