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WHITESIDE v. NEW CASTLE MUT. INS. CO.

Civ. A. No. 83-59 MMS.

595 F.Supp. 1096 (1984)

George M. WHITESIDE, III, and Donna A. Whiteside, his wife, Plaintiffs, v. NEW CASTLE MUTUAL INSURANCE COMPANY, a Delaware corporation, and Downs & Company, a Delaware corporation, Defendants.

United States District Court, D. Delaware.

October 22, 1984.

Attorney(s) appearing for the Case

Clark W. Furlow, Katzenstein & Furlow, Wilmington, Del., for plaintiffs.

John C. Phillips, Jr., Wilmington, Del., for defendant New Castle Mut. Ins. Co.

Allen M. Terrell, Jr., and Thomas A. Beck, Richards, Layton & Finger, Wilmington, Del., for defendant Downs & Co.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Plaintiffs George and Donna Whiteside ("the Whitesides") brought this diversity action against defendants New Castle Mutual Insurance Company ("New Castle Mutual") and Downs & Company ("Downs") to recover money owed them under a homeowners' insurance policy issued by defendants. Presently before the Court is defendant Downs' motion for summary judgment, or, in the alternative, to dismiss the plaintiffs' claim...

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