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CRAIG FUNERAL HOME v. STATE FARM MUTUAL AUTO. INS. CO.

No. 16770.

254 F.2d 569 (1958)

CRAIG FUNERAL HOME, Inc., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1958.

Attorney(s) appearing for the Case

Walter A. Shelley, Melvin Orfinger, Daytona Beach, Fla. (Hawkins & Orfinger, Daytona Beach, Fla., on the brief), for appellant.

John M. McNatt, Jacksonville, Fla. (Marion R. Shepard, McNatt & Mathews, Jacksonville, Fla., of counsel), for appellee.

Before RIVES, TUTTLE and JONES. Circuit Judges.

TUTTLE, Circuit Judge.

In this action, appellant, Craig Funeral Home, Inc. sued the State Farm Mutual Automobile Insurance Company for indemnity under an automobile liability policy. This is an appeal from a judgment dismissing plaintiff's amended complaint for failure to state a claim upon which relief may be granted and from an order striking certain allegations of the complaint.

Appellant is engaged in the business...

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