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TOLER v. STATE FARM MUT. INS. CO.

No. Civ.A. 2:99-1018.

96 F.Supp.2d 534 (2000)

Teresa A. TOLER, and Roy Toler, Sr., Plaintiffs, v. STATE FARM MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

May 10, 2000.

Attorney(s) appearing for the Case

John H. Bicknell, Menis E. Ketchum, Greene, Ketchum, Bailey & Tweel, Huntington, WV, for plaintiff.

Carl L. Fletcher, Jr., Charles S. Piccirillo, Shaffer & Shaffer, Madison, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross-motions for summary judgment. For reasons that follow, Defendant's motion is GRANTED and Plaintiffs' motion is DENIED.

I. FACTUAL BACKGROUND

The parties stipulated to the following facts. Roy Toler, Sr. owned and operated M & R Autoworks, a car repair business located in Mingo County, West Virginia. Felicia Johnson brought...

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