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STOUT v. GRAIN DEALERS MUTUAL INSURANCE COMPANY

No. 8604.

307 F.2d 521 (1962)

Garland P. STOUT, Appellant, v. GRAIN DEALERS MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 14, 1962.

Attorney(s) appearing for the Case

David H. Armstrong, Troy, N. C., for appellant.

William D. Caffrey and Perry C. Henson, Greensboro, N. C. (Jordan, Wright, Henson & Nichols, Greensboro, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, BELL, Circuit Judge, and LARKINS, District Judge.

LARKINS, District Judge.

This is a controversy between an insurance carrier and its insured over the former's contractual obligations to defend a tort action pending against the latter in a North Carolina State Court, and to pay any adverse judgment that may be rendered in that proceeding.

The plaintiff-insured Stout instituted this action under North Carolina General Statutes section 1-26 seeking a declaratory judgment holding defendant insurance company...

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