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CARROLL v. MUTUAL OF OMAHA INSURANCE COMPANY

Civ. A. No. 73-C-2-R.

354 F.Supp. 1260 (1973)

Howard Lupton CARROLL, Plaintiff, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant.

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

March 1, 1973.

Attorney(s) appearing for the Case

Ralph Masinter, Roanoke, Va., for plaintiff.

R. Roy Rush, Roanoke, Va., for defendant.

OPINION and JUDGMENT

DALTON, District Judge.

Ruling On Motion To Dismiss

Plaintiff filed a complaint with this court on January 4, 1973 and seeks damages from defendant Mutual of Omaha Insurance Company (Mutual) for refusal to continue its disability payments under a health and accident policy issued to the plaintiff. Plaintiff alleges jurisdiction under 28 U.S.C.A. § 1332 (diversity of citizenship) and states that he is a citizen of...

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