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ALLSTATE INS. CO. v. FEDERATED MUT. IMP. & HARD. INS. CO.

Civ. A. No. GR 65-29.

254 F.Supp. 629 (1966)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff, v. FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, a Corporation, Defendant.

United States District Court D. South Carolina, Spartanburg Division.

June 6, 1966.

Attorney(s) appearing for the Case

Donald L. Ferguson, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for plaintiff.

Howard Carlisle Bean, Carlisle, Bean & Hines, Spartanburg, S. C., for defendant.

ORDER

WYCHE, District Judge.

This is an action brought under the provisions of the declaratory judgment act (28 U.S.C.A. § 2201 et seq.) seeking to have the Court "enter a declaratory judgment decreeing that the defendant, Federated Mutual Implement and Hardware Insurance Company has primary coverage on the 1959 Pontiac involved in this accident and that said company is under a duty or obligation to appear and defend any suits or claims arising out...

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