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WELLS v. ALLSTATE INSURANCE COMPANY

Civ. A. No. 70-41.

327 F.Supp. 622 (1971)

James Robert WELLS, Plaintiff, v. ALLSTATE INSURANCE COMPANY, State Farm Mutual Automobile Insurance Company, and Annie M. Smith, Administratrix of the Estate of Ray E. Smith, Deceased, Defendants.

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

June 1, 1971.

Attorney(s) appearing for the Case

William H. Nicholson, Jr., Greenwood, S. C., for plaintiff.

G. Dewey Oxner, Jr., and W. Francis Marion, of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for Annie M. Smith, Administratrix, and Allstate Ins. Co.

J. William Bradford, Jr., and J. Kendall Few, of Burns, McDonald, Bradford, Erwin & Few, Greenwood, S. C., for State Farm Mutual.

ORDER

HEMPHILL, District Judge.

This is a declaratory judgment action instituted by James Robert Wells against Allstate Insurance Company, State Farm Mutual Automobile Insurance Company and Annie M. Smith, Administratrix of the Estate of Ray E. Smith. The plaintiff alleges that on or about July 22, 1968, he was driving a 1964 Falcon in Greenwood, South Carolina and was involved in an automobile accident with a motorcycle being driven by Ray E. Smith; that...

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