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CUNNINGHAM v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

Civ. A. No. 2323.

297 F.Supp. 1138 (1969)

James Allen CUNNINGHAM, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court E. D. Tennessee, Northeastern Division.

April 11, 1969.

Attorney(s) appearing for the Case

James R. Hamrick, Bristol, Tenn., Ferdinand Powell, Jr., Johnson City, Tenn., for plaintiff.

S. Morris Hadden, Ernest F. Smith, Hunter, Smith, Davis, Morris, Waddy & Treadway, Kingsport, Tenn., for defendant.

REVISED*

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The plaintiff Mr. Cunningham sued this defendant's insured in tort in this Court, Cunningham v. Higgins, civil action no. 2303, this division, and sued this defendant for breach of a contract of liability insurance in a Tennessee state court. He claims that this defendant contracted thereunder by implication to pay him the full amount of damages for which...

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