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BUCKEYE UNION CASUALTY COMPANY v. PERRY

Civ. A. No. 3363.

296 F.Supp. 888 (1968)

The BUCKEYE UNION CASUALTY COMPANY, an Ohio Corporation, Plaintiff, v. John PERRY, Jerry Lee Nickoson, Charles S. Nickoson, Dallas Marcum and Leon Marcum, Defendants.

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

March 6, 1968.

Attorney(s) appearing for the Case

George S. Sharp, Kay, Casto & Chaney, Charleston, W. Va., for plaintiff.

Robert L. Baughan, Simpson & Baughan, Rudolph L. DiTrapano, DiTrapano, Mitchell & Maroney, Charleston, W. Va., for defendants.

MEMORANDUM OPINION

FIELD, District Judge.

In this action the plaintiff seeks a declaratory judgment that it has no obligation under an automobile policy issued by it to the defendant, John Perry, to defend Perry in two certain suits instituted against him in the Court of Common Pleas of Kanawha County, West Virginia, by Jerry Lee Nickoson, an infant, and Dallas Marcum, an infant, nor to pay any sum or sums which...

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