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AETNA CAS. AND SUR. INS. v. HONEY BEAR BRAND, INC.

Civ. No. A-C-87-25.

711 F.Supp. 849 (1989)

AETNA CASUALTY AND SURETY INSURANCE COMPANY, Plaintiff, v. HONEY BEAR BRAND, INC.; Imogene Justice Bradley; Ira Worth Tyler, a/k/a Junior Tyler; and Wayne Gibson Buchanan, a/k/a Asbury Buchanan, Defendants, v. Gary A. THOMPSON, Earl A. Williams and Mark Hoover Ingle, Defendants and Third-Party Plaintiffs, v. UNITED STATES of America, on behalf of the Farmers Home Administration, Intervenors.

United States District Court, W.D. North Carolina, Asheville Division.

April 6, 1989.

Attorney(s) appearing for the Case

Jon B. McPhail and Wayne D. Taylor, McKenzie & McPhail, Atlanta, Ga., Boyd B. Massagee, III, Prince, Youngblood & Massagee, Hendersonville, N.C., for plaintiff.

Robert B. Long, Jr., Long, Parker, Payne & Warren, Asheville, N.C., for Honey Bear Brand, and Imogene Justice Bradley.

Jack W. Stewart, Asheville, N.C., for Wayne Gibson Buchanan.

Lawrence A. Hogan, Hogan & Hogan, Frank B. Jackson, Jackson, Jackson & Burrell, Hendersonville, N.C., for defendants and third-party plaintiffs.

Thomas J. Ashcraft, U.S. Atty., Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C., for intervenor U.S.

MEMORANDUM OF DECISION

RICHARD L. VOORHEES, District Judge.

This matter is before the Court on motions for partial summary judgment by Defendant-Intervenor, United States of America, and Plaintiff, Aetna Casualty & Surety Insurance Company ("Aetna"). Both motions concern the same issue, namely whether an insurance contract covers certain materials contained within a building which was destroyed by explosion and fire. For the reasons explained, Aetna...

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