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BEASLEY v. ALLSTATE INS. CO.

No. CIV.A.5:01-1082.

184 F.Supp.2d 523 (2002)

Billy BEASLEY, et al., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

February 14, 2002.

Attorney(s) appearing for the Case

Christopher S. Morehead, Linda Nelson Garrett, PLLC, Summersville, WV, for Plaintiffs.

Brent Karleton Kesner, Tanya Mendez Kesner, Kesner, Kesner & Bramble, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant Allstate Insurance Company's motion to dismiss. The Court DENIES the motion as to Count One and DENIES the motion without prejudice as to Count Two.

I. FACTUAL AND PROCEDURAL BACKGROUND

In late January or early February 1998, a winter storm caused snow to accumulate and damage the roof...

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