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ASTORG MOTOR CO. v. WESTFIELD INS. CO.

Civ. A. No. 6:94-0770.

866 F.Supp. 964 (1994)

ASTORG MOTOR CO., a corporation, Plaintiff, v. WESTFIELD INSURANCE CO., a corporation, Defendant.

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

November 2, 1994.

Attorney(s) appearing for the Case

H.F. Salsbery, Jr., Salsbery & Shaffer, Charleston, WV, for plaintiff.

Richard A. Hayhurst, Parkersburg, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the Defendant's motion to dismiss pursuant to 28 U.S.C. § 2201(a). For reasons that follow, the Defendant's motion is DENIED.

I

Donna V. Thompson filed an action in the Circuit Court of Wood County, West Virginia, alleging Astorg Motor Co. was negligent in the repair of her 1983 model Mercedes-Benz automobile, as a result of which she suffered...

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