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NORTHERN ASSURANCE COMPANY OF AMERICA v. SPENCER

Civ. No. 1877.

246 F.Supp. 730 (1965)

NORTHERN ASSURANCE COMPANY OF AMERICA, Plaintiff, v. David SPENCER and wife, Mary R. Spencer, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

October 26, 1965.

Attorney(s) appearing for the Case

Walter L. Horton, Jr., Raleigh, N. C., for plaintiff.

Corne & Warlick, Newton, N. C., and James C. Smathers, Hickory, N. C., for defendants.

CRAVEN, Chief Judge.

Northern Assurance Company of America (hereinafter called Northern) brings this action for declaratory judgment under Title 28 U.S.C.A. §§ 2201 and 2202 to obtain a declaration of its rights and liabilities under a homeowners fire insurance policy issued to David S. Spencer.

Jurisdiction is based upon diversity of citizenship.

Rejecting hearsay and other incompetent evidence which may have been erroneously received, I...

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