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INDEPENDENT FIRE INSURANCE COMPANY v. HUGGINS

Civ. A. No. 75-1620.

404 F.Supp. 865 (1975)

INDEPENDENT FIRE INSURANCE COMPANY, Plaintiff, v. James R. HUGGINS et al., Defendants.

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

November 5, 1975.

Attorney(s) appearing for the Case

E. W. Mullins, Jr., and R. Bruce Shaw, of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., for plaintiff.

Paul V. Ryan, Columbia, S. C., for Levern Coe, and Margaret C. McCoy and others.

Robert A. McKenzie, Columbia, S. C., for James R. Huggins.

HEMPHILL, District Judge.

Motion to Dismiss, filed by defendants Levern Coe and Margaret C. McCoy, as Administratrix, seeks to have this court to dispose of this action by dismissal on two grounds; (1) that no true diversity of citizenship exists because there is no bona fide controversy between plaintiff and defendant, and (2) that the complaint fails to state a claim against the defendants upon which relief can be granted.1 The complaint...

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