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BRITT v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

Civ. A. No. 1742.

235 F.Supp. 150 (1964)

Clyde BRITT and Fred Sells, Plaintiffs, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant.

United States District Court E. D. Tennessee, Northeastern Division.

Supplemental Opinion and Order October 27, 1964.

Attorney(s) appearing for the Case

D. M. Guinn, Johnson City, for plaintiffs.

J. R. Simmonds, Johnson City, C. T. Herndon III and Harry Fortune, Johnson City of counsel, for defendant.

NEESE, District Judge.

This action was removed from a state court of equity, 28 U.S.C. §§ 1332 and 1441, and tried by the Court without a jury on August 18, 1964. The requisite facts of citizenship and the jurisdictional amount are present.

The plaintiff Mr. Britt hauls materials for construction contractors.1 His wife, Mrs. Yuki Britt, handled his truck insurance matters through the Frank Parsley general insurance agency...

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