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ALLSTATE INSURANCE COMPANY v. AUSTIN

Civ. A. No. 4012.

225 F.Supp. 523 (1964)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff, v. William F. AUSTIN, Chief Insurance Commissioner of South Carolina, as Receiver for Guaranty Insurance Exchange of Kansas City, Missouri, a Corporation, Roy Dalton and Stewart F. Thacker, Defendants.

United States District Court W. D. South Carolina, Greenville Division.

January 14, 1964.

Attorney(s) appearing for the Case

W. Francis Marion and Donald L. Ferguson, Greenville, S. C., for plaintiff.

William H. Smith, Jr., Gen. Counsel, S. C. Insurance Commission, J. Monroe Fulmer, Fulmer, Barnes & Berry, Columbia, S. C., for defendant William F. Austin, Chief Ins. Com'r.

James J. Raman, Spartanburg, S. C., for defendant Roy Dalton.

Jas. P. Brown and J. Anthony Brown, Knoxville, Tenn., J. Wiley Brown, Greenville, S. C., for defendant Stewart F. Thacker.

WYCHE, District Judge.

This is an action under the Declaratory Judgments Act, 28 U.S.C.A. § 2201, in which the plaintiff seeks a determination of whether or not on March 31, 1961, the defendant Guaranty Insurance Exchange of Kansas City, Missouri, had in force and effect a valid automobile liability insurance policy issued to Roy Dalton covering his 1949 Plymouth, 4-door, Motor No. P18-121486. The plaintiff Allstate Insurance Company has an automobile insurance...

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