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GARRIS v. HANOVER INS. CO.

No. 79-1165.

630 F.2d 1001 (1980)

Roy E. GARRIS d/b/a Garris Insurance Co., Appellant, v. HANOVER INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Donald E. Jonas, David M. Ratchford, Ratchford, Cooper & Jonas, Columbia, S. C. (W. Ralph Garris, Roy E. Garris, Jr., Garris & Garris, Columbia, S. C., on brief), for appellant.

R. Bruce Shaw, Columbia, S. C. (Thornwell F. Sowell, III, Nelson, Mullins, Grier & Scarborough, Columbia, S. C., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and John A. MacKENZIE, United States District Judge for the Eastern District of Virginia, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

Roy E. Garris d/b/a Garris Insurance Company (Garris) appeals the entry of summary judgment in favor of Hanover Insurance Company (Hanover) in Garris' suit for wrongful cancellation of his agency contract with Hanover. The district court held that S.C.Code § 38-37-940(2) (1976), which Garris contends prohibits the cancellation, could not constitutionally be applied to the contract...

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