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ST. PAUL FIRE AND MARINE INS. v. HANOVER INS.

No. 5:99CV164-BR-3.

187 F.Supp.2d 584 (2000)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Hardin Construction Group, Inc., Hardin Investment Associates XI, Ltd., Hardin Capital, LLC, and RDU Hotel Partners, LLC, Plaintiffs, v. HANOVER INSURANCE COMPANY and TRAVELERS INSURANCE COMPANY et al., Defendants.

United States District Court, E.D. North Carolina, Western Division.

February 17, 2000.

Attorney(s) appearing for the Case

Susan K. Burkhart, Cranfill, Sumner & Hartzog, Raleigh, NC, for St. Paul Fire and Marine Insurance Co., Hardin Construction Group, Inc., Gardin Investment Associates XI, Ltd., Hardin Capital LLC, RDU Hotel Partners, LLC.

Paige E. Williams, Hedrick Eastman, Gardner & Kincheloe, Raleigh, NC, for The Hanover Insurance Co.

Richard Temple Rice, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Garth A. Gersten, Womble, Carlyle, Sandridge & Rice, Research Triangle Park, NC, for Travelers Insurance Co.

J. Reed Johnston, Jr., Tuggle, Duggins & Meschan, Greensboro, NC, for Hartford Fire Insurance Co.

ORDER

BRITT, Senior District Judge.

Plaintiff's motion for partial summary judgment is before the court.

On 9 March 1999, plaintiffs St. Paul Fire and Marine Insurance Company (St.Paul), Hardin Construction Group, Inc., Hardin Investment Associates XI, LTD., Hardin Capital, LLC, and RDU Hotel Partners, LLC (collectively "Hardin" or "the Hardin plaintiffs") filed a complaint alleging breach of...

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