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CANAL INS. CO. v. MORGAN

No. 3:96CV691LN.

961 F.Supp. 145 (1996)

CANAL INSURANCE COMPANY, Plaintiff, v. Charles MORGAN d/b/a Morgan Trucking and Charles Morgan, Individually, and on behalf of the Wrongful Death Beneficiaries of Cassandra LaShay Morgan and Delberco DeVonta Morgan, Deceased; Corrine Morgan, Individually and on Behalf of the Wrongful Death Beneficiaries of Cassandra LaShay Morgan and Delberco DeVonta Morgan, Deceased; Howard Clark, Jr., Natural Father, and one of the Heirs-at-Law of Delberco DeVonta Morgan, Deceased; and all unknown Wrongful Death Beneficiaries and, Heirs-at-law of Cassandra LaShay Morgan and Delberco DeVonta Morgan, Deceased; Chico Reed; James Davis; and Donald Johnson; all jointly and Severally, Defendants.

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

December 5, 1996.

Attorney(s) appearing for the Case

John B. MacNeill, Joe S. Deaton, III, Heidelberg & Woodliff, Jackson, for Plaintiff.

Michael T. Jaques, Langston, Frazer, Sweet & Freese, Jackson, John Tyler Ball, Natchez, James R. Moore, Jr., James Franklin Noble, III, Copeland, Cook, Taylor & Bush, Jackson, for Defendants.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendants Charles Morgan d/b/a Morgan Trucking, and Charles and Corrine Morgan, individually and on behalf of the wrongful death beneficiaries of Cassandra LaShay Morgan and Delberco DeVonta Morgan, deceased, to dismiss or, in the alternative, to stay proceedings on the ground that this declaratory judgment action is duplicative of an action currently...

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