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ONE GATEWAY ASSOCIATES v. WESTFIELD INS. CO.

No. Civ.A.5:01-0698.

184 F.Supp.2d 527 (2002)

ONE GATEWAY ASSOCIATES, Plaintiff, v. WESTFIELD INSURANCE COMPANY, Defendant.

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

February 21, 2002.

Attorney(s) appearing for the Case

J. Steven Hunter, Steve Hunter Associates, L.C., Lewisburg, West Virginia, for plaintiff.

Tanya Mendez Kesner, Brent Karleton Kesner, Kesner, Kesner & Bramble, Charleston, West Virginia, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant's motion for summary judgment. The Court GRANTS the motion.

I. FACTUAL BACKGROUND

In 1997, Plaintiff One-Gateway Associates ("One-Gateway") contracted with Wal-Mart Stores, Inc. ("Wal-Mart") to develop a site along U.S. Route 19 in Nicholas County for the construction of a Super Wal-Mart store....

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