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NATIONAL UNION FIRE v. RITE AND OF SOUTH CAROLINA

No. 99-1539.

210 F.3d 246 (2000)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant, v. RITE AID OF SOUTH CAROLINA, INCORPORATED, Defendant-Appellee, and Gabrielle Hundley, Gabrielle Hundley, a minor under the age of 14 years, by and through her Guardian ad Litem, Peggy W. Hundley; Ronald Hundley; Peggy Hundley, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 2000

Attorney(s) appearing for the Case

ARGUED: Joel Wyman Collins, Jr., Collins & Lacy, P.C., Columbia, South Carolina, for Appellant. James C. Gray, Jr., Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellee. ON BRIEF: Eric G. Fosmire, Collins & Lacy, P.C., Columbia, South Carolina, for Appellant. Elizabeth Scott Moise, William C. Wood, Jr., Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellee.

Before WILKINSON, Chief Judge, and WILLIAMS and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge MICHAEL joined.

OPINION

WILLIAMS, Circuit Judge:

National Union Fire Insurance Company of Pittsburgh (National Union) appeals the district court's dismissal of its complaint against Rite Aid of South Carolina (RASC). National Union sought a declaration that the commercial general liability policy it issued to Rite Aid Corporation (Rite Aid),...

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