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AMERICAN EAGLE INS. CO. v. RUTLAND AREA FLYERS

No. 2:96-CV-18.

949 F.Supp. 243 (1996)

AMERICAN EAGLE INSURANCE COMPANY, Plaintiff, v. RUTLAND AREA FLYERS, INC., David Leggett and Lindley H. Leggett, IV, Co-Administrators d.b.n., c.t.a., of the Estate of Lindley H. Leggett, III, and Jacque Smith, individually and as Co-Executor of the Estate of Nancy Leeson Smith, Defendants. Jacque SMITH, individually and as Co-Executor of the Estate of Nancy Leeson Smith, Plaintiff-in-Cross-Claim, v. David LEGGETT and Lindley H. Leggett, IV, Co-administrators d.b.n., c.t.a., of the Estate of Lindley H. Leggett, III, Defendants-in-Cross-Claim.

United States District Court, D. Vermont.

December 19, 1996.

Attorney(s) appearing for the Case

Robert Gaynor Cain, Paul, Frank & Collins, Inc., Burlington, VT, Bruce R. Wildermuth, Mendes & Mount, New York City, for American Eagle Insurance Company.

William D. Cohen, Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, VT, for Rutland Area Flyers, Inc.

Melvin Bauer Neisner, Jr., Killington, VT, for David Leggett, Lindley H. Leggett, IV.

John E. Brady, Richards and Brady, Springfield, VT, Melvin Bauer Neisner, Jr., Killington, VT, William Hewig, III, Kopelman & Paige, Boston, MA, for Lindley H. Leggett.

Daniel L. Burchard, McCormick, Fitzpatrick, Kasper & Burchard, Burlington, VT, Michael D. Weisman, Robert F. Schwartz, Hill & Barlow, Boston, MA, for Jacque Smith.

Robert Gaynor Cain, Paul, Frank & Collins, Inc., Burlington, VT, for American Eagle Insurance Company.

Melvin Bauer Neisner, Jr., Killington, VT, William Hewig, III, Kopelman & Paige, Boston, MA, for David Leggett, Lindley H. Leggett, IV.

OPINION AND ORDER

SESSIONS, District Judge.

This is a diversity action filed by Plaintiff American Eagle Insurance Company ("American Eagle"), against Defendants Rutland Area Flyers ("Rutland Flyers"), David Leggett and Lindley H. Leggett, IV ("Leggett Estate"), and Jacque Smith ("Smith" or "Mr. Smith"), for declaratory judgment as to its rights and responsibilities under an insurance policy ("policy") issued by American Eagle covering a 1976 Cessna...

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