NATIONWIDE MUT. INS. CO. v. STATE FARM MUT. AUTO. INS. CO.

Civ. A. No. 70-C-5.

312 F.Supp. 216 (1970)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Walter G. Nichols, George A. Anderson, Dorothy Hundley Anderson, Adrian Michael Wilson, Defendants.

United States District Court, W. D. Virginia, Danville Division.

April 30, 1970.


Attorney(s) appearing for the Case

Allan Garrett, Garrett, Garrett & Smith, Danville, Va., for plaintiff Nationwide.

Coleman B. Yeatts, Chatham, Va., for defendant State Farm.

Selig H. Kingoff, Danville, Va., for defendant Nichols.

George B. Anderson, Anderson & Anderson, Danville, Va., for defendant Wilson.

George A. Anderson and Dorothy Hundley Anderson, not represented by counsel.


MOTION TO DISMISS

DALTON, Chief Judge.

On April 3, 1966, Adrian M. Wilson, while operating a 1957 Plymouth owned by Walter G. Nichols, collided with a vehicle operated by Raymond Johnson, an uninsured motorist. The Plymouth was insured by State Farm Mutual Automobile Insurance Company.

Plaintiff, Nationwide Mutual Insurance Company, seeks a declaratory judgment pursuant to 28 U.S.C. § 2201 that Wilson was not a member of the household of George...

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