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BRIZENDINE v. CONTINENTAL CAS. CO.

Civ. No. 91-HM-1549-NE.

773 F.Supp. 313 (1991)

Anthony BRIZENDINE, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant.

United States District Court, N.D. Alabama, Northeastern Division.

September 10, 1991.

Attorney(s) appearing for the Case

M. Clay Alspaugh, S. Shay Samples, Hogan Smith Alspaugh Samples & Pratt, Birmingham, Ala., and Joseph M. Cloud, Morris Smith Siniard Cloud Fees & Conchin, Huntsville, Ala., for plaintiff.

John F. Porter, III, Livingston Porter & Paulk, Scottsboro, Ala., for defendant.

MEMORANDUM OPINION

HALTOM, District Judge.

The above entitled civil action was originally filed on March 20, 1991 in the Circuit Court of Jackson County, Alabama by plaintiff Anthony Brizendine against the defendant "CNA Insurance Company" and three fictitious party defendants and was therein designated as "CV-91-76."

The state court complaint consisted of two counts. Count One for breach of contract alleged the breach by CNA Insurance Company...

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