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S. WALLACE EDWARDS & SONS, INC. v. CINCINNATI INSURANCE COMPANY

Nos. 02-1885, 02-1928.

353 F.3d 367 (2003)

S. WALLACE EDWARDS & SONS, INCORPORATED, Plaintiff-Appellee, v. The CINCINNATI INSURANCE COMPANY, an Ohio Corporation, Defendant-Appellant. S. Wallace Edwards & Sons, Incorporated, Plaintiff-Appellee, v. The Cincinnati Insurance Company, an Ohio Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 24, 2003.

Attorney(s) appearing for the Case

ARGUED: Calvin Wooding Fowler, Jr., WILLIAMS MULLEN, P.C., Richmond, Virginia, for Appellant.

Scott James Golightly, HIRSCHLER FLEISCHER, P.C., Richmond, Virginia, for Appellee.

ON BRIEF: Theodore J. Edlich, IV, Jonathan S. Campbell, WILLIAMS MULLEN, P.C., Richmond, Virginia, for Appellant.

Before WIDENER and MICHAEL, Circuit Judges, and Frank W. BULLOCK, Jr., United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion.

Judge Widener wrote the opinion, in which Judge Bullock concurred. Judge Michael wrote an opinion concurring in part and dissenting in part.

OPINION

WIDENER, Circuit Judge.

Defendant Cincinnati Insurance Company appeals two of the orders making up the judgment of the district court: (1) a July 19, 2002 order granting partial summary judgment in favor of plaintiff S. Wallace Edwards & Sons, Inc. on its claims...

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