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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. ARNOLD

Civ. A. No. 67-425.

276 F.Supp. 765 (1967)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Betty S. ARNOLD, Administratrix of the Estate of Henry R. Arnold, deceased; Mrs. Edna H. Wilson, Administratrix of the Estate of Leonard Earl Wilson, deceased; One 1965 Plymouth Automobile Bearing S. C. License No. E-21926, and Southern Fire and Casualty Company, Defendants.

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

December 2, 1967.

Attorney(s) appearing for the Case

Rembert D. Parler, Butler, Chapman & Parler, Spartanburg, S. C., for plaintiff.

George F. Abernathy, Odom, Nolen & Foster, Spartanburg, S. C., for defendant Southern Fire & Casualty Co.

E. Maxcy Stone, Blease, Griffith & Stone, John S. Flynn, Newberry, S. C., Mrs. Edna S. Wilson, Adm'x, etc., Union, S. C., for defendant Betty S. Arnold, Adm'x, etc.

OPINION and ORDER

DONALD RUSSELL, District Judge.

In this action for a declaratory judgment of noncoverage under an automobile liability policy, the plaintiff-insurer has moved to strike certain allegations in the counterclaim of its assured, against whom a judgment considerably in excess of the policy liability limits was rendered on account of the accident for which the plaintiff asks a decree of nonliability...

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