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FEDERATED MUTUAL IMPLEMENT & HARDWARE INS. CO. v. GUPTON

Civ. A. No. 8501.

241 F.Supp. 509 (1965)

FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, a corporation, Plaintiff, v. George E. GUPTON, Jr., and Minnie Lou Williams, Defendants.

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

Decided May 20, 1965.

Attorney(s) appearing for the Case

Sinkler, Gibbs & Simons, Charleston, S. C., for plaintiff.

Morris D. Rosen, Julian H. Toporek, Charleston, S. C., for defendant George E. Gupton, Jr.

Irving Levkoff, Charleston, S. C., for defendant Minnie Lou Williams.

HEMPHILL, Chief Judge.

Motion by plaintiff insurance company under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, alleging that it is under no obligation or duty to appear and defend in the action by defendant Gupton against defendant Williams because of plaintiff's policy of liability insurance issued to Gupton's employer, Riggs Esso Service Station, or by reason of the South Carolina Uninsured Motorist Act.

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