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ERIE INS. CO. v. BELCHER

Civ. A. No. 5:88-0139.

718 F.Supp. 475 (1989)

ERIE INSURANCE COMPANY, a corporation, Plaintiff, v. Gary L. BELCHER, an incarcerated convict; Gary L. Belcher, in his own right; William W. Bailey, Jr., Sheriff of Wyoming County in his capacity as committee for Gary L. Belcher, an incarcerated convict; Charles W. Cook, Jr., Administrator of the Estate of Carla Sue Belcher, deceased, Defendants.

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

August 29, 1989.

Attorney(s) appearing for the Case

James D. Lamp, of Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., for plaintiff.

James C. Lyons, Pineville, W.Va., for Gary L. Belcher, William W. Bailey, Jr.

Warren R. McGraw, Pineville, W.Va., for Charles W. Cook, Jr.

MEMORANDUM ORDER

HALLANAN, District Judge.

This matter is before the Court via the Plaintiff's motion for summary judgment. After careful consideration the Court is prepared to rule on said motion.

This is a declaratory judgment action brought pursuant to 28 U.S.C. § 2201. This Court has jurisdiction of this matter by virtue of 28 U.S.C. § 1332. The Plaintiff seeks a declaration that it is not obligated to defend or indemnify the Defendant...

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