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ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. WILEY

Civ. A. No. AC-1679.

251 F.Supp. 577 (1966)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Plaintiff, v. Curlee WILEY, Earnest Gilmore, Johnnie Davidson, Jr., and Thomas Belvin, Defendants.

United States District Court D. South Carolina, Columbia Division.

March 21, 1966.

Attorney(s) appearing for the Case

Robinson, McFadden & Moore, Columbia, S. C., for plaintiff.

E. W. Mullins, Jr., of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., Edward E. Saleeby and James E. Herring, Hartsville, S. C., for defendants.

HEMPHILL, District Judge.

Plaintiff seeks declaratory judgment pursuant to provisions of 28 U.S.C. section 2201, which reads:

In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is is or could be sought. Any such...

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