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GALLAGHER v. ALLSTATE INS. CO.

No. CIV. A. 199CV82.

74 F.Supp.2d 652 (1999)

Donald GALLAGHER and Lucas Gallagher, by and through his guardian Donald Gallagher, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, and Elvis E. Zinn, Jr., Defendants.

United States District Court, N.D. West Virginia.

October 25, 1999.

Attorney(s) appearing for the Case

J. Bryan Edwards, Morgantown, WV, for Plaintiffs.

Walter M. Jones, III, Dale A. Buck, Martin & Seibert, Martinsburg, WV, for Defendant Allstate Indemnity Co.

Boyd L. Warner, Scott A. Windom, Waters, Warner & Harris, Clarksburg, WV, for Defendant Elvis E. Zinn, Jr.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

On June 16, 1999, the defendant, Allstate Indemnity Company ("Allstate"), filed a "Motion for Partial Summary Judgment" pursuant to Fed.R.Civ.Pro. 56, requesting summary or declaratory judgment in its favor on its counter-claim. (Docket No. 10.) No reply brief was filed on behalf of plaintiffs. With the expiry of the briefing period, this matter is now ripe for resolution.

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