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AETNA CAS. AND SUR. CO. v. ALPHA MECHANICAL, INC.

No. 3:96CV242-P.

9 F.Supp.2d 585 (1998)

AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. ALPHA MECHANICAL, INC., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

June 1, 1998.

Attorney(s) appearing for the Case

Alan W. Pope, Moore and Van Allen, Charlotte, NC, Charles Lewis, Jeffrey Leonard Hamera, Baker & McKenzie, Chicago, IL, for Plaintiff.

Fenton T. Erwin, Jr., B. David Carson, Erwin & Bernhardt, Charlotte, NC, for Defendant.

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, Senior District Judge.

THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment [document no. 30, filed on 3 July 1997] and Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment ("Motion to Dismiss") [document no. 35, filed on 28 July 1997]. Because the Court finds that the facts of this case weigh strongly against hearing this declaratory judgment action...

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