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  5. 455 F.Supp.2d 284 (2006)
 

T.H.E. INS. CO. v. CHARLES BOYER CHILDREN'S TRUST

No. 3:CV-04-1652.

455 F.Supp.2d 284 (2006)

T.H.E. INSURANCE COMPANY, Plaintiff v. CHARLES BOYER CHILDREN'S TRUST d/b/a Boyer's Westwood Lanes, Defendants.

United States District Court, M.D. Pennsylvania.

October 11, 2006.

Attorney(s) appearing for the Case

Dennis M. Marconi, Barnaba & Marconi, LLP, Trenton, NJ, James A. Gibbons, Gibbons Law Firm, Scranton, PA, for Plaintiff.

Michael J. Fiorillo, Fiorillo Law Office, Pottsville, PA, for Defendants.

MEMORANDUM

VANASKIE, District Judge.

Plaintiff T.H.E. Insurance Company ("TIC") seeks a declaratory judgment that the insurance policy it issued to Defendant Charles Boyer Children's Trust D/B/A Boyer's Westwood Lanes does not cover the mud and water damage to its bowling alley following a heavy rainstorm. TIC contends that it is not obligated to cover the loss by reason of the policy's earth movement and water exclusions.

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