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FIRST NAT. BANK OF FT. WALTON BEACH v. UNITED STATES F. & G. CO.

Civ. A. No. 1747.

274 F.Supp. 305 (1967)

FIRST NATIONAL BANK OF FORT WALTON BEACH, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, an insurance corporation, Defendant.

United States District Court N. D. Florida, Pensacola Division.

October 16, 1967.

Attorney(s) appearing for the Case

Bert Lane and Roderic G. Magie, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for plaintiff.

D. L. Middlebrooks, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, Fla., for defendant.

MEMORANDUM DECISION

CARSWELL, Chief Judge.

This case is before the Court on defendant's motion to dismiss. It is basic that in consideration of a motion to dismiss, the Court must accept as true the facts as alleged in the complaint. Without determining the ultimate adequacy of plaintiff's proofs, the Court looks to the face of the complaint and the terms of the attached insurance policy in determining whether a cause of action exists.1...

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