LEMONS v. STATE AUTOMOBILE MUTUAL INSURANCE CO.

No. 885.

171 F.Supp. 92 (1959)

Patsy Jane LEMONS, by and through Carlos Lemons, Plaintiff, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court E. D. Kentucky, Covington Division.

February 6, 1959.


Attorney(s) appearing for the Case

Frank G. Gilliam, Robert L. Milby, Lexington, Ky., for plaintiff.

Stoll, Keenon & Park, Lexington, Ky., for defendant.


SWINFORD, District Judge.

This case is before the court on the defendant's motion to strike Paragraph 12 from the complaint. The motion should be sustained unless this paragraph of the complaint states a good cause of action. Conversely, if Paragraph 12, taken in the light of the whole pleading, states a good cause of action the motion should be overruled. The allegations of the complaint, for the purposes of this motion, are considered as true.

The plaintiff...

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