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FEDERATED MUT. IMPLEMENT & HARDWARE INS. CO. v. PRATHER

Civ. A. No. 2634.

343 F.Supp. 819 (1971)

FEDERATED MUTUAL IMPLEMENT & HARDWARE INSURANCE COMPANY, Plaintiff, v. Ray Edward PRATHER et al., Defendants.

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

On the Merits November 19, 1971.

Attorney(s) appearing for the Case

James W. Fletcher, of Milligan, Silvers, Coleman & Fletcher, Greeneville, Tenn., for plaintiff.

Charles R. Terry, of Charles R. Terry & Associates, Morristown, Tenn., Kyle K. King, Greeneville, Tenn., for defendants.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity action for a declaratory judgment.* 28 U.S.C. § 1332(a) (1), (c). The defendant Mr. Ronald Elkins, by his next friend and guardian First Peoples Bank of Johnson City, Tennessee, has moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure. The plaintiff Federated Mutual Implement and Hardware Insurance Company (Federated) has also moved...

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