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DUNKLEY v. THAXTON

Civ. A. No. 66-C-21-D.

274 F.Supp. 723 (1967)

Moses DUNKLEY, Plaintiff, v. Killis W. THAXTON, Ola D. Thaxton, Ernest Thaxton, Jr., Thomas Thaxton, Defendants.

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

September 20, 1967.

Attorney(s) appearing for the Case

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

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

Allan Garrett, Garrett, Garrett & Smith, Danville, Va., for Federated Mutual Implement and Hardware Insurance Co.

Joseph M. Winston, Jr., Clement, Wheatley & Winston, Danville, Va., for the United States Fidelity & Guaranty Co.

OPINION and JUDGMENT

DALTON, Chief Judge.

The plaintiff has sued the defendants for negligence. The case comes before the court on a motion for summary judgment by Killis W. Thaxton, hereinafter defendant K. W. Thaxton, and on a motion to dismiss for failure to state a claim on which relief can be granted by defendant K. W. Thaxton and three co-defendants. The jurisdictional requirements of diversity of citizenship and amount in controversy have been met...

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