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BENSON v. CONTINENTAL INS. CO.

No. CIV.A. 5:00-0863.

120 F.Supp.2d 593 (2000)

Roger BENSON and Sheri Benson, Plaintiffs, v. CONTINENTAL INSURANCE COMPANY and Omni Financial Services, L.L.C. d/b/a Omni Financial & Insurance Services, L.L.C., Defendants.

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

November 16, 2000.

Attorney(s) appearing for the Case

Anthony M. Salvatore, Ralph C. Young, Hamilton, Burgess, Young & Pollard, Fayetteville, WV, for Plaintiffs.

Tanya M. Kesner, Kesner, Kesner & Bramble, Charleston, WV, for Defendant Continental Insurance Company.

Christopher P. Bastien, Ellis L. Bennett, Bastien & Martin, Charleston, WV, for Defendant Indigo Financial Services.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are 1) Plaintiffs' motion to remand this action to the Circuit Court of Raleigh County, West Virginia, and 2) Indigo Financial Services' motion to dismiss for failure to state a claim for which relief can be granted. Because Plaintiffs filed a Notice of Dismissal against the previously named Defendant Indigo Financial Services, a notice which...

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