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MID-STATE SUR. CORP. v. THRASHER ENGINEERING, INC.

Civil Action No. 2:04-0813.

575 F.Supp.2d 731 (2008)

MID-STATE SURETY CORPORATION, Plaintiff v. THRASHER ENGINEERING, INC., Defendant. Mid-State Surety Corporation, Plaintiff v. Diversified Enterprise, Inc. and International Fidelity Insurance Company, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

June 3, 2008.

Attorney(s) appearing for the Case

Apryll H. Boggs, R. Scott Long, Kathy A. Brown, Hendrickson & Long, Charleston, WV, Scott D. Cessar, Eckert Seamans Cherin & Mellott, Pittsburgh, PA, W. Thomas Ward, Ward & Associates, Williamson, WV, for Plaintiff.

John H. Tinney, John H. Tinney, Jr., Margaret M. Singleton, Meridith A. Osborne, The Tinney Law Firm, Carl L. Fletcher, Jr., Gene W. Bailey, II, Norman T. Daniels, Jr., Daniels Law Firm, Courtney Anne Kirtley, Edward D. McDevitt, Bowles Rice McDavid Graff & Love, Charleston, WV, Robert Dunlap, Beckley, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the motion for partial summary judgment of Mid-State Surety Corporation ("Mid-State"), filed February 6, 2006. Also pending is the motion for partial summary judgment of International Fidelity Insurance Company ("Fidelity"), initially filed April 3, 2006, as a memorandum in opposition to Mid-State's motion for partial summary judgment, and recharacterized as a motion...

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