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PACIFIC INDEM. CO. v. WHALEY

Civil No. JFM 07-826.

560 F.Supp.2d 425 (2008)

PACIFIC INDEMNITY COMPANY, as subrogee of Antoine and Emily van Agtmael, Plaintiff, v. Clay H. WHALEY, individually and d/b/a C.H. Whaley & Son, Inc., Defendant. Clay H. Whaley, individually and d/b/a C.H. Whaley & Son, Inc., Third-Party Plaintiff v. Compton & Sons, Third-Party Defendant.

United States District Court, D. Maryland.

June 16, 2008.

Attorney(s) appearing for the Case

Thomas M. Wood, IV, Neuberger Quinn Gielen Rubin and Gibber PA, Baltimore, MD, Sean P.O. Donnell, Cozen and O'Connor, Philadelphia, PA, for Plaintiff.

Robert Leigh Hebb, Kurt C. Schultheis, Semmes Bowen and Semmes PC, Baltimore, MD, for Defendant/Third-Party Plaintiff.

Betty Sue Diener, Larry J. Albert, Marks Oneill Obrien and Courtney PC, Towson, MD, for Third-Party Defendant.

MEMORANDUM OPINION

J. FREDERICK MOTZ, District Judge.

Plaintiff Pacific Indemnity Company ("Pacific Indemnity"), as insurer and subrogee of Antoine and Emily van Agtmael, has brought suit against defendant Clay H. Whaley d/b/a C.H. Whaley & Son, Inc. ("Whaley"). (Compl. ¶¶ 1-16.) Plaintiff alleges that as a result of Whaley's negligence, breach of contract, and breach of warranty...

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