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SCHULZ v. STANDARD ACCIDENT INSURANCE COMPANY

No. 1181.

125 F.Supp. 411 (1954)

William E. SCHULZ, Plaintiff, v. STANDARD ACCIDENT INSURANCE COMPANY OF DETROIT, Defendant.

United States District Court, E. D. Washington, N. D.

October 28, 1954.

Attorney(s) appearing for the Case

Henry Opendack, Spokane, Wash., for plaintiff.

Witherspoon, Witherspoon & Kelley, Spokane, Wash., for defendant.

DRIVER, District Judge.

Plaintiff brought this action for damages for personal injury. Defendant, before answer, with one supporting affidavit, has moved for summary judgment.1 This court has jurisdiction based upon diversity of citizenship. The facts, which must be regarded as undisputed for the purpose of passing upon the motion, as they appear in plaintiff's complaint and defendant's uncontroverted affidavit, are as follows:

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