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TULLEY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

Civ. A. No. 71-37.

345 F.Supp. 1123 (1972)

James W. TULLEY, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

July 12, 1972.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano and Robert W. Lawson, III, DiTrapano & Mitchell, Charleston, W. Va., for plaintiff.

Richard G. McNeer and Fred D. Roth, Jr., of Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., for defendant.

MEMORANDUM ORDER

KENNETH K. HALL, District Judge.

This action has been submitted to the Court for decision upon the record, including stipulations of counsel, and upon briefs of law and argument in support of the respective positions of the parties. Earlier plaintiff had filed a motion for summary judgment, now absorbed in and to be considered with this submission to the Court.

Jurisdiction, based on diversity of citizenship and amount in controversy...

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