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BATES v. MERCHANTS MUTUAL INSURANCE COMPANY

No. 65-CV-70.

277 F.Supp. 308 (1967)

Harold A. BATES, Plaintiff, v. MERCHANTS MUTUAL INSURANCE COMPANY, Defendant.

United States District Court N. D. New York.

December 16, 1967.

Attorney(s) appearing for the Case

Bonney & Nicit, Waterloo, N. Y., John Nicit, Waterloo, N. Y., of counsel, for plaintiff.

Bond, Schoeneck & King, Syracuse, N. Y., John C. Kinney, Syracuse, N. Y., of counsel, for defendant.

PORT, District Judge.

Memorandum-Decision and Order

This is a diversity action brought by Harold Bates (the insured), a citizen of Florida, against Merchants Mutual Insurance Company (the carrier), a New York Corporation, to recover the amount by which judgments against the insured, obtained in 1964 in negligence actions in which he admitted liability, exceeded his coverage under an automobile liability policy issued to him by the carrier.

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