MOOMAW v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

Civ. A. No. 73-242-CH.

379 F.Supp. 697 (1974)

Franklin Wayne MOOMAW et al., Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, and Federal Mutual Insurance Company, a corporation, Defendants.

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

As Amended September 23, 1974.


Attorney(s) appearing for the Case

Robert W. Lawson, III, Charleston, W. Va., for plaintiffs.

Robert J. Louderback, Charleston, W. Va., for State Farm.

Carl F. Stucky, Jr., Charleston, W. Va., for Federal Mutual.


MEMORANDUM ORDER

K. K. HALL, District Judge.

In this action plaintiffs seek to recover under the uninsured motorists provision of different automobile liability insurance policies issued by the two defendants. The issues are before the Court on plaintiffs' motion for summary judgment based on the record, including supporting affidavits, a counter-affidavit filed by defendant, Federal Mutual Insurance Company, and a stipulation by the parties. Rule 56, Federal...

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