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FEDERATED MUT. INS. CO. v. WILLIAMS TRULL CO.

Civil Action No. 1:08cv00176.

838 F.Supp.2d 370 (2011)

FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff, v. WILLIAMS TRULL COMPANY, INC., Defendant.

United States District Court, M.D. North Carolina.

August 1, 2011.

Attorney(s) appearing for the Case

David W. Bailey, Jr., Bailey and Thomas, Winston-Salem, NC, Robert Tayloe Ross, Diane U. Montgomery, Midkiff, Muncie & Ross, P.C., Richmond, VA, for Plaintiff.

David Lybrook Neal, David L. Neal, Attorney at Law, Hillsboro, NC, Eric M. David, Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Raleigh, NC, Jeffrey E. Oleynik, Brooks Pierce McLendon Humphrey & Leonard, Greensboro, NC, for Defendant.

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

This is a declaratory judgment action by Plaintiff Federated Mutual Insurance Company ("Federated"). Federated seeks to determine whether coverage exists under an insurance policy issued to Defendant Williams Trull Company, Inc. ("Williams Trull"), which was damaged by fire at approximately 11:30 p.m. on October 3, 2007 (the "Fire"). The case was tried to the court for five days, and...

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