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PHILLIPS v. INSURANCE CO. OF N. AMERICA

No. 80-7275 Summary Calendar.

633 F.2d 1165 (1981)

R. M. PHILLIPS, d/b/a Luthersville Package Store, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied February 27, 1981.

Attorney(s) appearing for the Case

Ben R. Freeman, A. Vernon Belcher, Robert Lee Todd, IV, Greenville, Ga., for plaintiff-appellant.

Long, Weinberg, Ansley & Wheeler, Ben L. Weinberg, Jr., James H. Fisher, II, Atlanta, Ga., for defendant-appellee.

Before HILL, FAY and ANDERSON, Circuit Judges:

JAMES C. HILL, Circuit Judge.

Appellant R. M. Phillips in summer 1978 brought suit against the Insurance Company of North America, Inc. in state court for wrongfully declining coverage in connection with a fire loss to appellant's business premises. The federal court to which appellee removed1 the suit dismissed the complaint because of appellant's willful recalcitrance in the discovery process...

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