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HURLEY v. COLUMBIA CAS. CO.

Civil Action No. 96-488 MMS.

976 F.Supp. 268 (1997)

John B. HURLEY, an individual and citizen of Michigan; Julian L. Potts, an individual and citizen of Michigan; Stuart G. Garson, an individual and citizen of Michigan; Dale R. Campbell, an individual and citizen of Michigan; Peter A. Dow, an individual and citizen of Michigan; Oliver L. Fretter, an individual and citizen of Michigan; Ernest L. Grove, Jr., an individual and citizen of Michigan; Brian K. Friedman, an individual and citizen of Pennsylvania; Daniel C. Hourigan, an individual and citizen of California; and Robert N. Shrager, an individual and citizen of the United Kingdom, Plaintiffs, v. COLUMBIA CASUALTY COMPANY, an Illinois Corporation, Defendant.

United States District Court, D. Delaware.

August 8, 1997.

Attorney(s) appearing for the Case

Stephen W. Spence, Phillips, Goldman & Spence, P.A., Wilmington, DE (Daniel J. Voelker, William N. Howard, Christopher E. Paetsch of Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, of counsel), for plaintiffs.

Lawrence C. Ashby, John S. Grimm of Ashby & Geddes, Wilmington, DE (Theodore A. Boundas, Priscilla A. May, Peter F. Lovato, III of Peterson & Ross, Chicago, IL, of counsel), for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

INTRODUCTION

Plaintiffs in this suit are a number of former officers and directors of Fretter, Inc. ("Fretter"), a Michigan-based company that has filed for reorganization under Chapter 11 of the U.S. Bankruptcy Code. Plaintiffs filed a complaint against Columbia Casualty Co. ("Columbia") seeking a declaratory judgment that a Directors and Officers liability insurance policy ("the Policy...

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