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MYLES LUMBER CO. v. CNA FINANCIAL CORP.

No. 00-1318.

233 F.3d 821 (2000)

MYLES LUMBER COMPANY, Plaintiff-Appellee, v. CNA FINANCIAL CORPORATION; Continental Insurance Company, a non-resident insurance corporation; Boston Old Colony Insurance Company, a non-resident insurance corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2000.

Attorney(s) appearing for the Case

ARGUED: Amy Marie Smith, Daniel C. Cooper, STEPTOE & JOHNSON, Clarksburg, West Virginia, for Appellants.

Jodi K. Douglas, John W. Cooper, COOPER & PRESTON, Parsons, West Virginia, for Appellee. ON BRIEF: Daniel C. Cooper, Steptoe & Johnson, Clarksburg, WV, for Appellants. John W. Cooper, Cooper & Preston, Parsons, WV, for Appellee.

Before WILKINS and KING, Circuit Judges, and Frank J. MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge KING and Senior Judge MAGILL joined.

OPINION

WILKINS, Circuit Judge:

Myles Lumber Company (Myles Lumber) filed suit in state court against CNA Financial Corporation, Boston Old Colony Insurance Company, and Continental Insurance Company (collectively, "Boston Old Colony") seeking coverage under an insurance policy. Boston Old Colony removed the action to federal...

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