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BOLLING v. WESTCHESTER FIRE INSURANCE CO.

Civ. A. No. 2239.

309 F.Supp. 4 (1969)

E. D. BOLLING, Plaintiff, v. WESTCHESTER FIRE INSURANCE CO., Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

October 9, 1969.

Attorney(s) appearing for the Case

Shelby W. Smoot, Kingsport, Tenn., for plaintiff.

Walter O. Waddey, Hunter, Smith, Davis, Norris, Waddey & Treadway, Kingsport, Tenn., for defendant.

MEMORANDUM OPINION

NEESE, District Judge.

This is a diversity action, 28 U.S.C. §§ 1332(a) (1), (c), by the plaintiff, as third-party beneficiary thereunder, for the reformation of a Texas contract of public liability insurance on an automobile between the defendant Westchester Fire Insurance Company and its insured Jose Castillo. The issues were tried by the Court without a jury on June 16, 1969. Final briefs were received September 11, 1969....

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