REESE v. LIBERTY MUT. INS. CO.

No. WC 78-124-S-O.

473 F.Supp. 456 (1979)

Danny Mel REESE, Plaintiff, v. LIBERTY MUTUAL INSURANCE CO., John Doe Company, Douglas McClary and Estes Alexander and Fahrni-Institute AG, Defendants.

United States District Court, N. D. Mississippi, W. D.

April 4, 1979.


Attorney(s) appearing for the Case

David G. Hill, Ron W. Lewis, Oxford, Miss., for plaintiff.

Richard L. Forman, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for Liberty Mutual.

John B. Clark, Daniel, Coker, Horton, Bell & Dukes, Jackson, Miss., for Douglas McClary and Estes Alexander.

Will A. Hickman, Sumners, Hickman & Rayburn, Oxford, Miss., for Fahrni-Institute.


MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This case is submitted to the court on motion to dismiss by defendants Douglas McClary (hereafter "McClary") and Estes Alexander (hereafter "Alexander"). After reviewing the record and memoranda of the parties, the court finds the motion to be well taken.

In appraising the sufficiency of the complaint, the court follows the rule established by the United States Supreme Court in Conley v. Gibson...

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