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CLINE v. AETNA INSURANCE COMPANY

Civ. A. No. 4819-67-T.

317 F.Supp. 1229 (1970)

M. J. CLINE, individually and as Executor under the will of Elvira J. Cline, Deceased, Plaintiff, v. AETNA INSURANCE COMPANY, a corporation, Defendant.

United States District Court, S. D. Alabama, S. D.

October 13, 1970.

Attorney(s) appearing for the Case

Robert E. Gibney and Vincent F. Kilborn, Kilborn, Darby & Kilborn, Mobile, Ala., for plaintiff.

John D. Richardson, III, Mobile, Ala., for defendant.

ORDER

DANIEL HOLCOMBE THOMAS, Chief Judge.

This matter comes before the Court on cross-motions for summary judgment and a motion to dismiss filed by defendant on April 23, 1970 and taken under submission after oral argument on April 23, 1970.

The following facts are conceded by both parties: Plaintiff's wife was killed in an automobile accident involving the deceased and an uninsured motorist. The automobile which plaintiff's wife was driving was...

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