West Virginia v. Fidelity & Casualty Co. of New York

CHRISTIE, District Judge.

This matter is before the Court pursuant to the motions of defendants Fidelity and Casualty Company of New York, a corporation; S. B. Noe; Elbert Adkins; Gilbert R. Morrison; G. D. Spence; and The Aetna Casualty and Surety Company, a corporation, to dismiss the complaint in that it fails to state a claim upon which relief can be granted. This is a diversity action and West Virginia substantive law is applicable. Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188. Since this motion takes the place of a demurrer, we are required to consider as…