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McCARTY v. MARYLAND CAS. CO.

Civ. No. F-75-11-C.

429 F.Supp. 112 (1976)

Pat McCARTY, Plaintiff, v. MARYLAND CASUALTY COMPANY, Defendant.

United States District Court, W. D. Arkansas, Fayetteville Division.

October 5, 1976.

Attorney(s) appearing for the Case

H. Franklin Waters, Crouch, Blair, Cypert & Waters, Springdale, Ark., for plaintiff.

Thomas Pearson, Sr., Pearson & Pearson, Fayetteville, Ark., for defendant.

MEMORANDUM OPINION

PAUL X WILLIAMS, Chief Judge.

This is an action brought by the owner of a building against the insurer who had issued a "builder's risk" policy insuring the plaintiff's building during construction with provision that "in no event shall the insurance cover after the insured building has been occupied either in whole or in part." There is complete diversity of citizenship and the amount in controversy exceeds $10,000.00. This Court has...

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