Rli Insurance Company v. Nancy Gabbert, individually

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1300
RLI INSURANCE COMPANY,
Plaintiff - Appellee,
versus
NANCY GABBERT, individually and as
Administratrix of the Estate of Kevin Gabbert,
Defendant - Appellant,
and
ROBERT WALLS; ELSIE WALLS,
Defendants.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CA-03-263-1)
Submitted: August 31, 2005 Decided: October 20, 2005
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
J. Bryan Edwards, CRANSTON & EDWARDS, P.L.L.C., Morgantown, West
Virginia, for Appellant. James A. Varner, Sr., Tiffany R. Durst,
Debra Tedeschi Herron, Rebecca L. Donnellan, MCNEER, HIGHLAND,
MCMUNN AND VARNER, L.C., Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Nancy Gabbert, individually and as Administratrix of the
Estate of Kevin Gabbert, appeals the district court’s order
granting summary judgment to RLI Insurance Company in this
declaratory judgment action. We have reviewed the record and find
no reversible error. Accordingly, we affirm for the reasons stated
by the district court. See RLI Ins. Co. v. Gabbert, No. CA-03-263-
1 (N.D. W. Va. filed Mar. 3, 2005 & entered Mar. 4, 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

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