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HEYWARD v. AMERICAN CASUALTY CO. OF READING, PA.

Civ. A. No. 3583.

129 F.Supp. 4 (1955)

A. R. HEYWARD, II, and C. D. Tucker, doing business as W. B. Guimarin & Company, Plaintiffs, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Defendant.

United States District Court, E. D. South Carolina, Columbia Division.

March 2, 1955.

Attorney(s) appearing for the Case

Nelson, Mullins & Grier, Columbia, S. C., for plaintiffs.

Whaley & McCutchen, Roger M. Heyward, Columbia, S. C., for defendant.

WYCHE, Chief Judge.

This matter comes before me on defendant's motion to dismiss on the ground that the complaint fails to state a claim against the defendant upon which relief can be granted. The motion was heard upon the complaint filed in the present suit, to which was attached a copy of the complaint in the State Court, which the plaintiffs contend the defendant was under the duty to defend, the plaintiffs' answers to...

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