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OLIVER B. CANNON & SON, INC. v. FID. & CAS. CO.

Civ. A. No. 79-129.

484 F.Supp. 1375 (1980)

OLIVER B. CANNON AND SON, INC., a Pennsylvania Corporation, Plaintiff, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire Corporation, Defendant.

United States District Court, D. Delaware.

As Amended on Denial of Motion for Reargument January 16, 1980.

Attorney(s) appearing for the Case

Courtney H. Cummings, Jr., Wilmington, Del., for plaintiff.

B. Wilson Redfearn and Colin M. Shalk of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for defendant.

OPINION

LATCHUM, Chief Judge.

Plaintiff in this action, Oliver B. Cannon and Son, Inc. ("Cannon"), seeks to recover from its insurance carrier, defendant, Fidelity and Casualty Company of New York ("insurer"), sums of money which it allegedly became obligated to pay as damages as the result of a lengthy court battle in the Delaware state courts. Plaintiff also seeks compensation for the costs and expenses of defending those actions as well as exemplary damages...

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