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TONER v. ALLSTATE INS. CO.

Civ. A. No. 92-624 MMS.

821 F.Supp. 276 (1993)

Jerry TONER and Charles Potter, Jr., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

United States District Court, D. Delaware.

May 13, 1993.

Attorney(s) appearing for the Case

Thomas Hodukavich, Wilmington, DE, for plaintiffs.

Jon E. Abramczyk, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, of counsel, Peter M. Katsaros, Chicago, IL, for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

In this diversity breach of contract case defendant, Allstate Insurance Company, has moved to dismiss the amended complaint of plaintiffs Jerry Toner and Charles Potter, Jr. Defendant contends both counts of the amended complaint should be dismissed because of failure to state a claim upon which relief can be granted. Defendant asserts Count I should also be dismissed because...

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