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TITAN INDEM. CO. v. NEWTON

No. Civ.A. 97-C-81-N.

39 F.Supp.2d 1336 (1999)

TITAN INDEMNITY COMPANY, Plaintiff, v. Jerry NEWTON, et al., Defendants.

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

February 11, 1999.

Attorney(s) appearing for the Case

James R. Shaw, Paul F. Malek, Huie, Fernambucq & Stewart, Birmingham, AL, for Titan Indemnity Company.

Jerry Newton, Andalusia, AL, defendant pro se.

Stanley F. Gray, Fred David Gray, Jr., Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, AL, Daniel M. Soloway, Daniel M. Soloway, PA, Pensacola, FL, for Robert Clyde Garland.

James A. Wardell, Suarez & Wardell, P.A., Tampa, FL, Bennie Lazzara, Jr., Wilkes & McHugh, Tampa, FL, for John Tatum.

MEMORANDUM OPINION AND ORDER1

CARROLL, United States Magistrate Judge.

I. INTRODUCTION AND PROCEDURAL HISTORY

This is a declaratory judgment action filed by Titan Indemnity Company (Titan) against Jerry Newton, Robert Garland and John Tatum.2 In this action, Titan, an insurance company, asks the court to declare that it is not required by its contract of insurance with the...

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