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U. S. FIDELITY & GUARANTY CO. v. FERRARO

No. C-3-78-51.

452 F.Supp. 586 (1978)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff, v. Michael J. FERRARO, Defendant.

United States District Court, S. D. Ohio, W. D.

July 3, 1978.

Attorney(s) appearing for the Case

William H. Thornburgh, Dayton, Ohio, for plaintiff.

E. S. Gallon, Dayton, Ohio, for defendant.

ORDER

CARL B. RUBIN, District Judge.

This matter is before the Court on a motion to dismiss under Rules 12(b)(6) and 12(b)(1), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction.

United States Fidelity & Guaranty Company (Fidelity) seeks a declaratory judgment that its policy with its insured, Michael J. Ferraro, does not provide coverage for the injuries he has sustained. Mr...

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