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SMITH EX REL. ESTATE OF SMITH v. CHURCH MUT. INS.

C.A. No.: 7:04-23248-20.

375 F.Supp.2d 451 (2005)

John SMITH, as Personal Representative of the ESTATE OF Geraldine SMITH, Betty R. Collier, and Bessie I. Bonds, Plaintiffs, v. CHURCH MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. South Carolina, Spartanburg Division.

July 8, 2005.

Attorney(s) appearing for the Case

Ben C. Harrison, Thomas A. Killoren, Jr., Harrison White Smith and Coggins, Spartanburg, SC, Sherman Brook Fowler, Carter Smith Merriam Rogers and Traxler, Greenville, SC, for Plaintiffs.

Andrew F. Lindemann, William Henry Davidson, II, Davidson Morrison and Lindemann, Columbia, SC, for Defendant.

OPINION and ORDER

HERLONG, District Judge.

This matter is before the court on a motion for summary judgment brought by Betty R. Collier ("Collier"), Bessie I. Bonds ("Bonds"), and John Smith, as Personal Representative of the Estate of Geraldine Smith ("Smith") (collectively "plaintiffs"), pursuant to Rule 56 of the Federal Rules of Civil Procedure. After review, the court grants the plaintiffs' motion.

I. FACTUAL BACKGROUND

On April 11...

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