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  5. 897 F.2d 734 (1990)
 

NATIONWIDE MUT. INS. CO. v. BURKE

Nos. 89-2016, 89-2171.

897 F.2d 734 (1990)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Haskell BURKE, Defendant-Appellant, Walter E. Hamilton; Joan A. Hamilton, Appellants. NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Haskell BURKE, Defendant-Appellee, Walter E. Hamilton; Joan A. Hamilton, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1990.

Attorney(s) appearing for the Case

John Frederick Cyrus, Lockwood, Egnor, Gardner & Cyrus (argued), Menis E. Ketchum, Greene, Ketchum, Bailey & Tweel, on briefs, Huntington, W.Va., for appellants.

Mary Hylton Sanders, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, W.Va., for appellee.

Before RUSSELL, PHILLIPS and MURNAGHAN, Circuit Judges.

PHILLIPS, Circuit Judge:

These are consolidated appeals arising from a declaratory judgment action by Nationwide Mutual Insurance Company (Nationwide) seeking a declaration of non-coverage with respect to a tort action brought in West Virginia state court against Nationwide's insured, Haskell Burke, by Joan A. Hamilton and the executor of the estate of David L. Hamilton (the Hamiltons). Burke appeals the district court's declaratory judgment that Nationwide was not...

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