Theresa M. Chittum v. State Auto Insurance Companies

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1524
THERESA M. CHITTUM; KENNETH E. CHITTUM,
Plaintiffs - Appellants,
and
CHIMART INCORPORATED, d/b/a Five Star Food
Mart,
Plaintiff,
versus
STATE AUTO INSURANCE COMPANIES,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Chief
District Judge. (CA-04-896-1)
Submitted: November 30, 2005 Decided: December 21, 2005
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
McGinnis E. Hatfield, Jr., Bluefield, West Virginia, for
Appellants. David K. Schwirian, PAULEY, CURRY, STURGEON &
VANDERFORD, Charleston, West Virginia, for Appellee.

-- 1 of 3 --

- 2 -
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 2 of 3 --

- 3 -
PER CURIAM:
Theresa M. Chittum and Kenneth E. Chittum appeal the
district court’s order granting summary judgment to Defendant and
dismissing their civil action. We have reviewed the record and
find no reversible error. Accordingly, we affirm on the reasoning
of the district court. See Chittum v. State Auto Ins. Cos., No.
CA-04-896-1 (S.D. W. Va. Apr. 20, 2005). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED

-- 3 of 3 --