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STATE FARM MUT. AUTO. INS. CO. v. UNITED STATES F. & G. CO.

Civ. A. No. 71-51-CH.

358 F.Supp. 1143 (1973)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, et al., Defendants.

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

May 7, 1973.

Attorney(s) appearing for the Case

Edward W. Eardley, Charleston, W. Va., for plaintiff.

John H. Reed, South Charleston, W. Va., for defendant Martin.

Robert K. Kelly, Charleston, W. Va., for defendants Tag Galyean & USF&G.

MEMORANDUM ORDER

KENNETH K. HALL, District Judge.

This declaratory judgment action has been submitted to the Court for decision upon the record, including stipulations by counsel, and upon briefs in support of the respective positions of the adversary insurance companies.

Jurisdiction is based on diversity of citizenship and amount in controversy. 28 U.S.C., § 1332.

Plaintiff, State Farm Mutual Automobile Insurance Company (hereinafter...

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