Burton A. Gellman; the Gellman Corporation v. Cincinnati Insurance Company

09-1434Court of Appeals for the Fourth CircuitDec 17, 2009

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1434
BURTON A. GELLMAN; THE GELLMAN CORPORATION,
Plaintiffs – Appellants,
v.
CINCINNATI INSURANCE COMPANY,
Defendant – Appellee,
v.
HARRISON S. JONES; RESTORATION ASSOCIATES, INCORPORATED,
Movants.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:04-cv-00234-GCM)
Submitted: November 18, 2009 Decided: December 17, 2009
Before WILKINSON, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Richard L. Farley, Christopher A. Hicks, KATTEN MUCHIN &
ROSENMAN, LLP, Charlotte, North Carolina, for Appellants.
Andrew A. Vanore, III, R. Scott Brown, BROWN, CRUMP, VANORE &
TIERNEY, L.L.P., Raleigh, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Plaintiffs appeal the district court’s order entering
judgment in Plaintiffs’ action against Defendant and declaring
repair costs to be the proper measure of covered loss owed to
Plaintiffs by Defendant. We have reviewed the record and find
no reversible error. Accordingly, we affirm the district
court’s judgment. See Gellman v. The Cincinnati Ins. Co., No.
3:04-cv-00234-GCM (W.D.N.C. Mar. 17, 2009). 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

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