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NATIONAL AVIATION UNDERWRITERS v. CALDWELL

Civ. A. No. DC 86-192-D-D.

689 F.Supp. 639 (1988)

NATIONAL AVIATION UNDERWRITERS, Plaintiff/Counterdefendant, v. Tammie Renee CALDWELL, Executrix of the Estate of John Arthur Cochran, Deceased, Ag-Chem, Inc., a Mississippi Corporation, and Winfred Ewing, Defendants/Counterclaimants.

United States District Court, N.D. Mississippi, Delta Division.

July 27, 1988.

Attorney(s) appearing for the Case

William H. Cox, Jr., Cox & Dunn, Ltd., Jackson, Miss., and Gerald Jacks, Jacks, Adams & Westerfield, P.A., Cleveland, Miss., for plaintiff/counterdefendant.

Richard T. Phillips, Smith, Phillips & Mitchell, Batesville, Miss., for defendants/counterclaimants.

MEMORANDUM OPINION

DAVIDSON, District Judge.

This cause is presently before the court on the parties' cross-motions for summary judgment. Having reviewed the parties' memoranda of authorities and being otherwise fully advised in this matter, the court finds that the plaintiff's motion for summary judgment should be sustained.

I.

FACTUAL BACKGROUND

This is a declaratory judgment action brought pursuant to 28 U.S.C. § 2201...

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