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McNUTT v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

Civ. A. No. 2343.

369 F.Supp. 381 (1973)

Nuel McNUTT et al., Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court, W. D. Kentucky, Paducah Division.

May 30, 1973.

Attorney(s) appearing for the Case

George Ed. Overbey, Jr., Murray, Ky., for plaintiffs.

Richard Roberts, Waller, Threlkeld & Whitlow, Paducah, Ky., for defendant.

OPINION

ALLEN, District Judge.

All parties to this action have moved for summary judgment, both partial and total. The facts are undisputed and are as follows:

The three plaintiffs were injured in an automobile accident that occurred in January, 1970, between an automobile owned by Nuel McNutt and Zella McNutt, and one owned by Mose Payne, Jr. Mose Payne, Jr. was an uninsured motorist and a judgment was recovered against him in the Calloway Circuit...

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