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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. RIFFE

Civ. A. No. 1229.

325 F.Supp. 190 (1971)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a mutual insurance company organized and existing under the laws of the state of Illinois, Plaintiff, v. Hershel RIFFE and Bernice Riffe, Defendants.

United States District Court, S. D. West Virginia, Bluefield Division.

April 19, 1971.

Attorney(s) appearing for the Case

G. Berk Lynch, Lynch, Mann & Knapp, Beckley, W. Va., for plaintiff.

James C. Lyons, Pineville, W. Va., for defendants.

CHRISTIE, District Judge:

This action is brought under the Declaratory Judgment Act, 28 U.S.C.A. § 2201, and pursuant to Rule 57 of the Federal Rules of Civil Procedure. Diversity of parties and requisite amount in controversy are properly alleged to give federal jurisdiction. The substantive law of West Virginia is to be applied under Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188.

The plaintiff...

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