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ALLSTATE INSURANCE COMPANY v. LANIER

Civ. No. 1352.

242 F.Supp. 73 (1965)

ALLSTATE INSURANCE COMPANY, Government Employees Insurance Company, Nationwide Mutual Insurance Company, North Carolina Farm Bureau Mutual Insurance Company, State Farm Mutual Automobile Insurance Company, Plaintiffs, v. Edwin S. LANIER, Commissioner of Insurance for the State of North Carolina, and T. Wade Bruton, Attorney General of the State of North Carolina, Defendants.

United States District Court E. D. North Carolina, Raleigh Division.

May 31, 1965.

Attorney(s) appearing for the Case

J. Melville Broughton, Jr., of Broughton & Broughton, Raleigh, N. C., Herbert A. Bergson, of Bergson & Borkland, Washington, D. C., for plaintiffs.

T. Wade Bruton, Atty. Gen. of North Carolina, by Charles D. Barham, Jr., Asst. Atty. Gen., Raleigh, N. C., for defendants.

Robert H. Cowen, U. S. Atty., Raleigh, N. C., for amicus curiae — United States.

LARKINS, District Judge.

SUMMARY

This cause comes before the Court as a civil action arising upon the plaintiffs' Complaint of March 13, 1962, wherein there was sought a declaratory judgment and an injunction.

Jurisdiction is established by virtue of the fact that a substantial question of construction of Acts of the Congress of the United States are presented to the Court. Neither diversity of citizenship nor amount in controversy need be alleged...

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