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AMERICAN FIDELITY & CASUALTY CO. v. SERVICE OIL CO.

Civ. A. No. 762.

71 F.Supp. 932 (1947)

AMERICAN FIDELITY & CASUALTY CO., Inc., v. SERVICE OIL CO., Inc., et al.

District Court, W. D. South Carolina, Spartanburg Division.

June 7, 1947.

Attorney(s) appearing for the Case

Osborne, Butler & Moore, of Spartanburg, S. C., for plaintiff.

E. W. Johnson, of Spartanburg, S. C., for defendant Service Oil Co., Inc.

Odom, Bostick & Nolen, of Spartanburg, S. C., for defendant War Emergency Co-Operative Ass'n.

Perrin, Tinsley & Perrin, of Spartanburg, S. C., for defendants Joe L. Montgomery and Mary S. Montgomery.

WYCHE, District Judge.

This is a declaratory judgment action brought by the plaintiff, a Virginia corporation, against defendants, residents of South Carolina, for the adjudication of plaintiff's liability under a policy of public liability insurance issued by the plaintiff to the defendant War Emergency Co-Operative Association. It is now before me upon the motion of the Montgomery defendants to dismiss (in which the other defendants join) on several grounds challenging...

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