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GARDNER v. ALLSTATE INS. CO.

Civ. A. No. S81-0667(R).

595 F.Supp. 824 (1984)

James D. GARDNER, Mary Gardner, William D. Gardner, James D. Gardner, Jr., Margaret Gardner Ermine, Kenneth G. Gardner and Francis R. Gardner, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

October 9, 1984.

Attorney(s) appearing for the Case

Bobby G. O'Barr, Stanton Fountain, Jr., Biloxi, Miss., for plaintiffs.

Harry R. Allen, Floyd G. Hewitt, Jr., Bryan, Nelson, Allen, Schroder & Cobb, Gulfport, Miss., for defendant.

OPINION

DAN M. RUSSELL, District Judge.

This cause is presently before the Court on two motions. The plaintiffs have submitted a motion for partial summary judgment and the defendant has submitted a motion for leave to file an amended answer and for a continuance. For the reasons stated below, the Court grants the plaintiffs' motion and denies the defendant's motions.

The defendant has acknowledged in its brief in opposition to the plaintiffs' motion...

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