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THAXTON v. FEDERATED MUTUAL IMP. & HDW. INS. CO.

Civ. A. No. 67-C-2-D.

274 F.Supp. 699 (1967)

Killis W. THAXTON and Moses Dunkley, Plaintiffs, v. FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY and United States Fidelity and Guaranty Company, Defendants.

United States District Court W. D. Virginia, Danville Division.

September 13, 1967.

Attorney(s) appearing for the Case

Robert T. Vaughan, of Easley, Vaughan & Slayton, South Boston, Va., for plaintiff, Killis W. Thaxton.

Allan Garrett, of Garrett, Garrett & Smith, Danville, Va., for defendant, Federated Mut. Implement and Hardware Ins. Co.

Joseph M. Winston, Jr., Clement, Wheatley & Winston, Danville, Va., for defendant, U. S. Fidelity & Guaranty Co.

McLaughlin & McLaughlin, Halifax, Va., for plaintiff, Moses Dunkley.

OPINION and JUDGMENT

DALTON, Chief Judge.

The requirements of diversity of citizenship and amount in controversy having been met, this action was brought to determine the alleged liability of the defendant insurance companies.

The facts giving rise to this action occurred on March 7, 1966. At that time the plaintiff, Killis W. Thaxton, was a one-fourth owner and lessee of a building located on Highway 58, South Boston, Virginia. Plaintiff operated...

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