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HUTCHENS v. PROGRESSIVE PALOVERDE INSURANCE CO.

No. Civ.A. 5:02-0304.

211 F.Supp.2d 788 (2002)

Robert E. HUTCHENS, on behalf of himself and all others similarly situated, Plaintiffs, v. PROGRESSIVE PALOVERDE INSURANCE COMPANY, et al., Defendants.

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

July 23, 2002.

Attorney(s) appearing for the Case

Warren R. McGraw, II, McGraw Law Offices, Prosperity, WV, Edward S. Cook, Provost & Umphrey, Atlanta, GA, Jere L. Beasley, W. Daniel Miles, II, Clinton C. Carter, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, AL, for plaintiff.

James A. Varner, Catherine D. Munster, Tiffany R. Durst, McNeer, Highland, McMunn and Varner, L.C., Clarksburg, WV, for defendant Progressive Paloverde Insurance Co.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the motions of Plaintiff Hutchens to remand and Defendant Progressive Paloverde Insurance Company ("Progressive") to dismiss this action based either on Plaintiff's lack of standing or on failure to state a claim upon which relief can be granted. Plaintiff's motion is DENIED, Defendant's motion to dismiss under Rule 12(b...

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