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HARTFORD FIRE INS. v. KINSTON PLUMBING & HTG. CO.

No. 4:94-CV-18-BO-3.

868 F.Supp. 120 (1994)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. KINSTON PLUMBING AND HEATING COMPANY, INC., Central Heating and Air Conditioning of Kinston, T & H Electrical Corporation, and Fireman's Insurance Company of Newark, New Jersey, and Leader Construction Company, Inc., Defendants.

United States District Court, E.D. North Carolina, New Bern Division.

November 4, 1994.

Attorney(s) appearing for the Case

Clyde H. Harrett, Ogletree, Deakins, Nash, Smoak & Stewart, Raleigh, NC, for plaintiff.

John E. Bugg, Durham, NC, for Kinston Plumbing, Central Heating, and T & H Elec.

Hubert Humphrey, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, NC, for Fireman's Ins. Co.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the undersigned on motion of the defendant Firemen's Insurance Company (Firemen's) to dismiss. The plaintiff brought the action for declaratory judgment pursuant to 28 U.S.C. §§ 2201, 2202 and 1332. Firemen's asserts that the Court should dismiss the case pursuant to its discretionary power under 28 U.S.C. § 2201, and that the Court lacks diversity jurisdiction under...

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