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KISER v. LIFE & CASUALTY INSURANCE CO. OF TENNESSEE

Civ. No. 1151.

344 F.Supp. 1185 (1972)

Sol KISER and Lizzie Kiser, Plaintiffs, v. LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE, et al., Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

June 27, 1972.

Attorney(s) appearing for the Case

Gene L. Auxier, Pikeville, Ky., for plaintiff.

John Stephens, Pikeville, Ky., for Life & Casualty Ins. Co.

Washer, Kaplan, Rothschild & Aberson, Louisville, Ky., Henry D. Stratton, Pikeville, Ky., for Annice Kiser, individually and as guardian.

HERMANSDORFER, District Judge.

Disposition of Defendant Annice Kiser's Motion for Summary Judgment is made pursuant to Rule 56(d) F.R.Civ.P. The Court finds the following facts not in substantial controversy.

Earsel and Annice Kiser were married on September 7, 1951. Three children were born of this marriage, Robin Lynn, Toni and Rhonda. Annice filed a divorce action in the Jefferson Circuit Court on June 7, 1966. The action was not prosecuted to judgment...

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